Necessities and Challenges of Evidences Disclosure; Manifestation of Defensive Rights of the Accused in ICC's Statute
Disclosure of evidences to the accused is one of his defensive right components. Criminal Justice requires that the position of the accused in the criminal justice system be upgraded to the extent that he could defend himself. The accused is not entitled to use the facilities for collecting and pres...
| Published in: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
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| Main Author: | |
| Format: | Article |
| Language: | Persian |
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Allameh Tabataba'i University Press
2015-12-01
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| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_1754_256f512ae7ee0602f99ab8dc3676dde9.pdf |
| Summary: | Disclosure of evidences to the accused is one of his defensive right components. Criminal Justice requires that the position of the accused in the criminal justice system be upgraded to the extent that he could defend himself. The accused is not entitled to use the facilities for collecting and presenting evidences for his acquittal charges after his arrest. In international criminal trials it is the duty of the Prosecutor, so that, in addition to other obligations, he may collect and disclose the evidences in favor of the accused. Although the International Criminal Court's Statute and Rules of Procedure and Evidence are innovative with regard to the evidences disclosure to the accused, but this disclosure is inconsistent with the protection of witnesses and victims, the confidentiality of reasons and prolongation of proceedings |
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| ISSN: | 2345-6116 2476-6216 |