Volume 18, Issue 4 (2014)
CLR 2014, 18(4): 47-72 |
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Saber1 M, Nazerian2 H. The Reasonable Time of Trial in the International Criminal Court and the European Court of Human Rights Decisions. CLR 2014; 18 (4) :47-72
URL: http://clr.modares.ac.ir/article-20-7265-en.html
URL: http://clr.modares.ac.ir/article-20-7265-en.html
1- 1.Assistant Professor, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
2- 2.Ph.D. Student of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
2- 2.Ph.D. Student of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
Abstract: (10144 Views)
Abstract:
The implementation of justice in a reasonable time is a fundamental principle of penal procedure. It is necessary to note that it is reasonableness can be considered as an important criterion in the fairness of the proceedings. The concept of reasonableness of trial time is that dealing with the case can be done within the reasonable period of time and by this way, justice can be satisfied. But determining what period of time, it is fair and reasonable, is not easy. In this paper, three criteria (objective) and subjective (personal) and mixed (intermediate) as a benchmark to determine the reasonableness of the trial period were analyzed. It means that hearing the deadline is set by the legislator's emphasis on objective criteria. The subjective criteria is proportionate to the circumstances of each case that determines a reasonable deadline set according to the case, and can vary from case to case. Finally, the complex criterion makes benefit of both of the above mentioned factors. The mentioned principle has been considered in the statute of the International Criminal Court and the European Convention on Human Rights as a right, especially to plaintiff, and as a duty for International Criminal Court. The importance of this principle has caused that, in addition to breaking out the issued decision- as far as its noncompliance makes disrupt the safety or health of the procedure- compensation from the convicted should be ruled too.
* Corresponding author’s e-mail: m.saber@modares.ac.ir
* Corresponding author’s e-mail: m.saber@modares.ac.ir
Keywords: Reasonable time, International procedure, International Criminal Court, The European Court of Human Rights
Received: 2013/12/8 | Accepted: 2014/11/1 | Published: 2015/03/19
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