Globalization of Criminal Procedure and the Enhancement of Human Rights Standards in Iranian Law and the European Union with a Focus on the Principles of Legality and Equality
Keywords:
Equality, Globalization, Criminal Procedure, Legality, European Convention on HumanAbstract
Globalization, as a transformative driving force, has profoundly reshaped the field of criminal procedure, with its most significant manifestation being the enhancement of human rights standards within judicial processes. This study, focusing on the two fundamental principles of equality and legality, conducts a comparative examination of the impact of globalization on criminal proceedings in the legal systems of Iran and the European Union. The necessity of this research arises from the fact that understanding the nature and extent of convergence between national legal systems and transnational standards—under the influence of globalization-induced pressures and exchanges—can illuminate both the challenges and opportunities associated with the realization of fair trial guarantees. The principal objective is to analyze how globalization, and through which mechanisms, has strengthened the status of these principles as human rights benchmarks within the two examined legal systems. The research adopts a descriptive-analytical methodology within a comparative legal framework. The findings indicate that globalization, through obligations derived from international and regional legal instruments, has facilitated a relative convergence of both systems toward global standards. Within the European Union, the European Court of Human Rights, through dynamic interpretation of Article 6 of the European Convention on Human Rights, has institutionalized the practical guarantees of the principles of equality and legality. In Iran, the influence of this global legal discourse is observable in legislative developments such as the Criminal Procedure Code enacted in 2013. Nevertheless, the depth and quality of convergence have not been uniform and remain subject to distinct challenges. In the Iranian legal system, limitations such as restrictions on the right to freely choose legal counsel in national security offenses and deficiencies in witness protection mechanisms affect the full realization of the principle of equality. By contrast, the primary challenge within the European Union lies in the lack of uniform coordination and consistent interpretation of standards among its diverse member states. Although the globalization of criminal procedure has created an unprecedented opportunity for the advancement of human rights standards, it simultaneously underscores the necessity of intelligently adapting these standards to the institutional capacities and socio-legal realities of each legal system.
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