Procedural Formalities and the Effects of Failure to Comply with Them

According to Notice of article 455 of the Iranian criminal procedure code 2013 failure to comply with the procedural formalities does not invalidate the judgement, unless such formalities are of such significance as to invalidate the judgement. Similar to the provisions of this rule was in articles 359, 426 and item 2 of article 430 of the Criminal Procedure Code of 1912, as well as paragraph 2 of article 257 and paragraph 2 of article 265 of the criminal Procedure code for the General and Revolutionary Courts of 1997. The legislator has not defined the formalities, and the difference of them. The present article examines the formalities and their effects at different stages of criminal proceedings from the beginning to the end by using an analytical method.