نوع مقاله : مقاله ترویجی
1 استادیار گروه حقوق جزا و جرمشناسی. دانشگاه تهران. تهران. ایران
2 کارشناسی ارشد حقوق جزا و جرمشناسی. دانشگاه تهران. تهران. ایران
عنوان مقاله [English]
Background and Aim: The principle of legality of criminal procedure is one of the basic strategic principles that always establishes a criminal process based on a fair trial system. This principle, which is relevant at all stages and levels of the criminal process; It must always be observed by all judicial and extrajudicial actors, as the violation of this principle, including the violation of due process, is undoubtedly undermined by decisions made by judicial authorities and invalidates and invalidates judicial decisions.
Method: The present study is considered as an applied research and was conducted by descriptive-analytical method using library resources.
Results and conclusion: The nature of the principle of legality of criminal procedure can have a preventive function because agents and custodians of security and actors in the criminal process by understanding the principles of the principle of legality of criminal procedure and scrutinizing the legislator's discourse to normalize this principle and its effects. It is important to weigh the consequences of illegal misconduct and ultimately not to commit crimes of various natures