An Investigation of the Mechanisms of Fair Legal Procedure in the Regulations of Professional Systems in Iran

The various advances of human beings and  specialization have given rise to new realms of human activity. It has created in society and therefore has necessitated the emergence of professional systems. In line with the principle of the rule of law, each of these systems is subject to specific professional regulations, which, on the one hand, express the current trends of that profession and, on the other hand, deal with possible violations by members of the profession and their performance guarantees. The investigation of violations and the determination of the guarantees of the cases are carried out by quasi-judicial authorities, whose performance is important from the perspective of observing the important measure of fair trial. This descriptive-analytical research seeks to examine the principles of the rules of substantive measure of fair trial in the regulations of Iranian professional systems. Fair trial is one of the most important legal terms that has many practical implications for protecting the fundamental rights of both parties to the proceedings and to the community. The right to choose a lawyer, the right to remain silent, the right to defend oneself, etc., are the manifestations of a fair trial that must be exercised at various stages of the proceedings. The principle of innocence, the principle of legality of crime and punishment, and the prohibition of double punishment are some of the most important principles of the substantive rules of fair trial. The study found that under some professional regulations, fair trial principles were not explicitly accepted, and this shortcoming should be considered in future reviews. Until then, quasi-judicial authorities, which, in accordance with the regulations of the professional systems, are committed to the commission of a violation and guarantee its enforcement, must be diligent in enforcing the substantive rules of fair trial.