Allameh Tabataba’i University Strategic Recommendations for  Administrative Bodies

Allameh Tabataba’i University Strategic Recommendations for Administrative Bodies

The Right to a Fair Trial in Proceedings Related to Narcotics and Psychotropic Substances

Author
Department of Public and International Law, Allameh Tabataba'i University
Abstract
Criminal proceedings regarding offenses related to narcotics and psychotropic substances, due to their social and security sensitivity, are frequently exposed to exceptional procedures; nevertheless, the observance of a fair trial as a fundamental right must be guaranteed at all stages of proceedings. Focusing on the challenges of procedural law in narcotics offenses, this text demonstrates that weak legal literature in this domain and a lack of clear regulations can jeopardize the defendant's defense rights and the criteria of judicial fairness. The most important criteria of a fair trial include the legality of evidence collection, the right to counsel, trial within a reasonable time, notification of charges in an understandable language, humane treatment of the defendant, independence and impartiality of the judge, equality of arms, and attention to the victim. In practice, the primary challenges are identified across four axes: the method of evidence collection and the implicit acceptance of opaque evidence, the lack of equality of arms, the absence of a precise distinction between the characteristics of narcotics offenses (as organized crimes) and ordinary crimes, and the disregard for defense rights. Proposed strategies emphasize clarifying exceptions and rules for evidence collection under judicial supervision, designing differentiated procedural rules proportionate to the nature of these crimes, the organized participation of universities and executive institutions for pathology and policy proposals to the legislature, drafting corrective bills, and developing a coherent model of fair trial in the field of narcotics and psychotropic substances.
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