The Sanction of Nullity Resulting from the Violation of Procedural Principles
Keywords:
criminal proceedings, performance guarantee, nullity, invalidity, principles of proceedingsAbstract
One of the key objectives of the criminal justice system is to maintain social order and protect individual rights throughout the course of legal proceedings. Within this framework, procedural principles and rules serve as the foundation for the stability and implementation of this crucial legislative aim. However, merely enacting procedural rules and principles is insufficient; these rules must also be supported by the legislator through enforceable legal guarantees against violations by any party involved in criminal prosecution. Among the most severe and effective legal sanctions for such violations is the remedy of nullity or invalidity. The purpose of the present study is to examine the legal sanction of nullity arising from breaches of procedural principles. This research has been conducted using a descriptive and analytical method. The findings indicate that despite the theoretical significance of nullity, this legal remedy has not received due attention in the Code of Criminal Procedure. Except for a few instances, the principle of nullity is not explicitly articulated in the law.
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References
Al-Shurai, A. (1982). Civil Nullity: Procedural and Substantive. Al-Ma'arif Publishing.
Ardebili, M. A. (2011). General Criminal Law (Vol. 1). Mizan Publications.
Bagheri, Z. (2016). Principles of Criminal Procedure. Mizan Publications.
Bagheri, Z. (2024). Guaranteeing Fundamental Principles in Light of Criminal Procedure Measures. Legal Research Quarterly, 23.
Fadaei Deh Cheshmeh, M., Soleimani, A., & Taheri, H. (2023). On the Theory of Nullity in Preliminary Investigations in Iran's Criminal Procedure (Considering the 2013 Criminal Procedure Code). Tehran Law Journal, 5(10).
Fazaeli, M. (2015). Fair Trials in International Criminal Courts. Institute for Legal Studies and Research, Shahre Danesh.
Ghafari Elahi Kashani, N. (2021). The Principle of Legality in Comparative Criminal Procedure. Journal of Criminal Law and Criminology Studies, University of Tehran, 51.
Goldouzian, I. (1996). Essays on Criminal Law. Dadgostar Publications.
Jafari, F., Mousavi, S. R., & Islamieh Hamadani, A. (2016). Comparative Study of the Right to Legal Counsel During Prosecution in Iranian Domestic Law and International Criminal Court Documents and Practices. Comparative Legal Studies Journal.
Mirzapour Meshizi, A. (2012). Sanctions for Non-Compliance with Reasonable Time Limits. Legal Excellence Journal, 4(16).
Murthi, M., & Yousifian Shooreh Deli, B. (2021). Strengthening the Rule of Law Through Nullification of Investigations and Exclusion of Evidence. Criminal Law Research JournalVL - 12(2).
Nourian, A., & Salimi, E. (2017). Reasonable Time in Pre-Trial Criminal Proceedings: Mechanisms for Implementation and Sanctions for Violations. Majles and Strategy Quarterly, 24(92).
Qasemi Moghaddam, H. (2015). Explaining the Rights of Defendants by Judicial Officers with Emphasis on the 2013 Criminal Procedure Code. Criminal Law Research, 6(2).
Saber, M., & Nazarian, H. (2014). Reasonable Time for Proceedings in the International Criminal Court and European Court of Human Rights Judgments. Natural Law Research Journal.
Saibani, A., Sadeghi, G., & Sagian, M. M. (2021). Sanctions for Violations of Fair Trial Principles in Criminal Proceedings in Iran's Legal System. Strategic Studies Quarterly, 6.
Shakeri, A., & Shirazi, G. (2015). The Right to Silence and the Duty of Prosecutors Regarding It in Criminal Procedure Law. Quarterly Journal of Police Knowledge in North Khorasan, Applied Research Office of North KhorasanER -.
Shamloo, B. (2004). The Principle of Criminal Presumption of Innocence in Modern Procedural Systems. Collection of Articles on Criminal Sciences in Honor of Professor Dr. Mohammad Ashouri, Tehran.
Shams, A. (2016). Civil Procedure. Darak Publications.
Tadayon, A. (2008). The Theory of Nullity in Criminal Procedure (With Emphasis on French Law). Azad Legal Research(3).
Zar'aat, A. (2011). Nullity in Criminal Procedure. Mizan Publications.
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Copyright (c) 2025 Elahe Khodami Pour, Fereydoun Jafari, Yasman Khajeh Nouri (Author)
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