Effective Components in Assessing the Principle of Reasonable Time in Criminal Proceedings: With a View to the Case Law of European Court of Human Rights

Abstract

Observing a reasonable time in criminal proceedings is one of the important components of a fair trial which at the same time is associated with the benefits and interests of the accused, the victim and the society. In Article 3 of the Criminal Procedure Code of 1392, the legislator has emphasized the need to observe this principle in criminal proceedings by using the phrase "in the shortest possible time". However, in domestic law, there is no criterion for assessing the observance of the said principle, and it is difficult to estimate its observance in various cases. The findings of this research, which is conducted through a descriptive-analytical method, demonstrate that the jurisprudence of the European Court of Human Rights (ECHR) contains variables that can be used as criteria for compliance with the principle of reasonable time in criminal proceedings. Examination of the judgements issued by the Court shows that the complexity of the case, the actions and behavior of the applicant, the actions of the parties involved in the case, the multiplicity of investigating authorities, etc. can be considered as important and decisive variables and act effectively in assessment of unjustified waste of time in criminal proceedings. The above conditions are different in each case and, as a consequence, the determination of the normal length of time before the trial is not consistent with the facts.

Keywords

• principle of reasonable time
• effective components in determining reasonable time
• criminal proceedings
• european court of human rights