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Ahmadi A M. The right to a fair criminal trial from the perspective of international documents, jurisprudence, and Afghanistan laws. SRQJL 2023; 1 (1) :56-78
URL: http://srqjl.knu.edu.af/article-1-23-en.html

The right to a fair criminal trial means general guarantees that are provided to respect the rights of the litigants in the legal process. Governments are committed to ensuring the right to a fair trial for citizens. The fair trial includes many examples that every citizen should enjoy in the process of criminal and civil proceedings. Some standards of a fair trial, including the right to sue, access to neutral and independent courts, the right to a lawyer, and the like, have a general aspect and can be applied in all types of civil and criminal lawsuits. Some other indicators of a fair trial, including the principle of acquittal, explanation of charges, the presence of a lawyer in court, and similar issues, are only applicable to criminal lawsuits. Adherence to jurisprudential norms, international documents, and procedural rules is the guarantee of the execution of a fair trial, and not only the establishment of a competent court must be in accordance with jurisprudence, legal rulings, and international standards, but also the method of its proceedings with clear and well-known principles and criteria. Be accompanied by jurisprudence, legal and universal. In this research, a descriptive-analytical method is used to examine the right to a fair criminal trial separately and independently in light of international and jurisprudential documents with a look at the criminal laws of Afghanistan and its criteria. It should be remembered that the purpose of this article is not a comparative view between the three mentioned views, but the main goal is to examine the position of a fair trial in the three jurisprudential views, international documents, and criminal laws of the country.