The rights of the accused after proving the crime in the courts from the perspective of Afghan criminal law and international documents

Document Type : Specialized scientific

Authors

1 Graduated from Al-Mustafa International University - Afghanistan

2 Professor of Law Faculty of Al-Mustafa International University - Afghanistan

10.22034/ls.2023.100289.1018

Abstract

The accused is a person who is suspected of committing a crime, but the crime attributed to him has not been proven, and he is an important party and the main point of the lawsuit in criminal proceedings, but the rights of the accused are the set of privileges and facilities that are available in a fair trial from the beginning of the charge to the issuance The defendant has the right to defend himself against the claim against him, contrary to the presumption of innocence. According to the title of investigation, we investigate the rights of the accused after proving the crime. Afghan domestic law and international documents have many similarities. There may be some differences in the details, such as in the case of appeals, it should be said that appeals in the term of Afghan law are about final judgments in the Supreme Court, but appeals are termed in the terms of the laws of other countries and absolute international regulations of protesting against non-judgments. It includes the final decision of the court, which must be renewed and reviewed in the Supreme Court. Another difference can be seen in the basis of both domestic and foreign regulations, that the basis of the rights of the accused in the term of Afghan law has the color of Sharia, which is mostly compiled based on Hanafi jurisprudence, but the rights of the accused in international regulations are more derived from human reason and wisdom. is the product of the efforts and experience of contemporary scientists and jurists of the West. The method of discussion in this research is analytical and descriptive, which has benefited from sources such as books and articles.