Fair Trial Standards and Guarantees in Pre-Trial Investigation

Pre-trial investigation is the most important phase in the criminal process. Because this is the first confrontation of accused with criminal justice system and facts of criminal cases are gathered in this phase. Hence, fair trial principles are very important in this process, since there is innocence presumption in this phase and the criminality has not been proven yet. In Iranian Criminal Justice System, there are some of fair trial standards and guarantees, such as innocence presumption. But there is less attention to other fair trial standards such as the right to be silent, the right to council and that arrest must be finished in reasonable time. This article discusses fair trial principles and guarantees in pre-trial investigation stage with regard to the international documents and requirements. Then it describes the Iranian Criminal System and finally recommends some solutions.