Document Type : Research Paper

Authors

• Hashem Farhadi ¹
• Ahma Shams ²

¹ PhD student in private law, Islamic Azad University-South Tehran

² Associate Professor, Islamic Azad University, South Tehran Branch

Abstract

Achieving a fair trial and ensuring justice in the trial is initially subject to identifying the principles governing the trial and adapting it to the principles and rules of the national and transnational legal system and adapting it to the circumstances prevailing in each judicial authority. As a quasi-judicial authority with a conciliatory approach and compromise, on the one hand, the deliberations of the council in accordance with the laws and regulations are not subject to the procedures and principles of the trial, and on the other hand, the deliberations of the council in terms of principles and rules are subject to the rules of civil and criminal procedure. Due to the absence of the judge in the council meeting, this issue causes inconsistencies and conflicts in the issuance of the verdict. Sub-vote is the result of the review process and in practice the council judge does not play a key role in it. Therefore, in order to comply with the rules and principles of procedure, it is necessary to separate the issues raised in the council in terms of compromise and compensation from the beginning. Compromise issues without observing the court proceedings by the members of the council and dispute issues with the presence of the council judge in the hearing in accordance with the principles of the court and the governing procedures to be considered in order to achieve a fair trial in practice in this judicial authority.
Keywords: Judicial Authority, Dispute Resolution Council, Fair Trial

Keywords

• Fair Trial"
• Dispute Resolution Council "
• Quasi-Judicial Authority"
• Compromise "
• Adversarial