نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق کیفری و جرم شناسی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
Judicial policymakers in any legal system must consistently consider the rights of individuals and society in all adjudication processes. Securing the interests of individuals and safeguarding the interests of society are possible only by adhering to the criteria of fair trial. Therefore, identifying and observing the principles of fair trial are essential. Consequently, principles such as the presumption of innocence, the principle of legality in adjudication, the principle of transparency, the principle of adversarial proceeding (audi alteram partem), the principle of impartiality, and the protection of defense rights in the trial process are of paramount importance. These criteria for a fair trial are initially codified in the Constitution and subsequently in the Code of Criminal Procedure. This research examines the observance of each of these fair trial principles in the process of adjudicating the violations committed by regulated entities by the Disciplinary Boards of the Central Bank. It also investigates how each of these principles is addressed in the Law of the Central Bank of the Islamic Republic of Iran, alongside a review of the historical background of these principles in the Executive Regulation of Note 2 of Article 44 of the Monetary and Banking Law of the country.
کلیدواژهها English
