نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری در جامعه المصطفی العالمیه ـ مشهد مقدس
2 استادیار جامعه المصطفی العالمیه (مجتمع آموزش عالی مشهد)
3 استادیار جامعه المصطفی العالمیه ـ مشهد مقدس
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract:
The principle of judicial proceedings and punishment, meaning the exclusive jurisdiction of judicial authorities for trial and issuance of criminal sentences, is considered one of the most fundamental rights of the accused in the process of a fair trial from the perspective of modern criminal law. In Afghanistan, a significant portion of criminal cases is handled by informal authorities without the involvement of competent judicial authorities and without adherence to the principles governing a fair trial, leading to the punishment of the accused. This often results in the violation of human dignity, infringement of human rights of the accused, and breaches of the country's criminal regulations. This research, using a descriptive-analytical method, aims to demonstrate that the "principle of judicial proceedings and punishments," which is one of the recognized legal principles, is constantly overlooked and violated by these authorities, contrary to the criminal law of Afghanistan, which in numerous legal provisions emphasizes the necessity of observing the principle of judicial proceedings in criminal trials. To resolve the conflict between the activities of informal justice and the principle of judicial proceedings, reformative solutions have been proposed to regulate the activities of these authorities while utilizing the capacity of this traditional institution to meet the judicial needs of the people.
کلیدواژه‌ها [English]
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