Fundamental and Impacts of the Principle of Adverse Partie's Presence in the Criminal Trial Process

Criminal investigation authorities are in sensitive positions, and this doubles the importance of the process of criminal procedure. The process for obtaining the truth requires the confrontation of the adverse parties. This can guarantee the impartiality, without which real justice is not possible. This requires the presence of adverse parties in the criminal trial process so that both sides have the authority to respond. Modern criminal law condemns the adoption and enforcement of criminal execution of judgment in the absence of the defendant. Only in rare cases and with certain conditions is the enforcement of judgment prescribed. Despite the challenges facing this principle, the effects and their resulting consequences shall be in the direction of the interests of adverse parties. Although it may lead to limited negative consequences, some coping strategy should deal with them. Fair trial can be achieved by regarding this principle. However, some exceptions have been imposed to the principle in cases of special interests. In this paper, substantial aim clarifies the importance prediction and enforcement of the principle of adverse parties presence in the criminal trial in the international documents and national law.