The Principle of Legality of Mode of Trial in Criminal Procedures

The principle of legality of mode of trial is one of the requirements of the principle of legality of criminal procedures that is mentioned in the Principle 36 of the Constitution, the Article 12 of the Islamic Penal Code and the Article 2 of the Criminal Procedure code. This principle requires that the criminal procedure authorities ' operations and the mode of trial must be determined by law. Whereas this principle is accepted in Iran's legal system, we should consider that have its requirements been regarded in practice? By studying the regulations in criminal procedure, it will be clarified that the in some stages of criminal process, the regulations other than law have determined the mode of trial. In this case, we can mention to some approvals of the head of judicial branch, especially after the adoption of the Criminal Procedure Code in 1392. So it seems that however the principle of legality of mode of trial in criminal procedures is accepted in Iran's legal system, but in some cases this principle is violated in practice.