|
Judicial Independence in the Process of Issuing, Supervising, and Judicial Review of Criminal Judgments
|
Shirin Hassanpour Oshiani1   , Meghdad Ebrahimi Koushali2 , Tayebeh Ghodrati3 |
1- M.A. Student in Criminal Law, Department of Law, La.C., Islamic Azad University, Lahijan, Iran
2- Assistant Professor, Department of Islamic Theology and Teachings, La.C., Islamic Azad University, Lahijan, Iran
3- Assistant Professor, Department of Law, La.C., Islamic Azad University, Lahijan, Iran |
|
|
Abstract: (8 Views) |
Judicial independence is a fundamental requirement of a fair trial and a key guarantee of the rule of law in criminal proceedings. However, it does not imply absolute immunity of judicial decisions from legal supervision and review. This study examines the scope of judicial independence in issuing, supervising, and reviewing criminal judgments and explores its relationship with legal oversight and judicial accountability. The study aims to clarify the foundations and limits of judicial independence, examine the scope of intervention by higher judicial authorities, explain the role of the Supreme Court in ensuring compliance with the law, and identify factors that restrict judicial independence and affect the quality of criminal judgments. The research employs a descriptive-analytical method and relies on library-based data collection. Relevant laws, regulations, legal sources, and scholarly literature were examined to analyze different aspects of judicial independence in criminal proceedings. The findings indicate that judicial independence and judicial oversight, when exercised within legally defined boundaries, are complementary rather than conflicting principles. Judicial independence protects judges from non-judicial interference and external pressures, while oversight by higher judicial authorities should remain within their statutory powers and primarily serve to ensure legal compliance, correct judicial errors, and promote consistency in judicial practice. Unlawful restrictions on judicial independence may adversely affect judicial impartiality, the quality of legal reasoning, consistency of judgments, defendants’ rights, and public confidence in criminal justice. Therefore, achieving a fair trial requires an appropriate balance between judicial independence, effective legal oversight, and judicial accountability.
|
Article number: 6 |
| Keywords: Judicial Independence, Criminal Judgments, Judicial Oversight, Fair Trial |
|
|
Full-Text [PDF 556 kb]
(5 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2025/12/15 | Revised: 2026/02/21 | Accepted: 2026/04/19 | Published: 2026/12/22
|
|
|
|
|
|
|
| Send email to the article author |
|
|
|
| Add your comments about this article |
|
|
|
.png)
