عنوان مقاله [English]
Background and objectives: According to the innovations of the new law on the formation of disciplinary boards to deal with the complaints and violations of the Armed Forces staff and its executive instructions, observing due trial standards is of particular importance in dealing with the violations of the Armed Forces staff. The existence of important legal challenges in dealing with disciplinary violations of the military requires that the challenges be examined and analyzed in terms of "compliance with the standards and guarantees of a due trial" and, based on the findings and research data, the suggestions and guidelines be presented. The most important purpose of this study is to "identify the challenges in the Armed Forces Violations Judicial Procedures by emphasizing on the disciplinary boards of the police and providing efficient solutions and mechanisms in the light of due trial standards and guarantees".
Methodology: In terms of its objectives the present study is of an applied research type and its subject is theoretical. Accordingly, this qualitative research has been conducted using library and documentary sources such as books, articles and rules. The presentation of the issue is also descriptive and analytical.
Findings and results: Based on the research data, the general criteria and guarantees of a due trial have been accepted in the trial of violations of the Armed Forces and Disciplinary Boards of the I.R.I. Police, but there are significant and serious challenges in this regard. The results of the study show that the most important challenges in dealing with violations of the Armed Forces staff from the perspective of due standards and guarantees are: the structure and composition of disciplinary boards, restrictions on the choice of lawyer and special conditions of attorney, lack of power of attorney. development of absentee and disproportionate proceedings, lack of anticipation of the convict's right to appeal against the absentee ballots of the disciplinary boards and restriction of the right to appeal. In the structure of disciplinary boards of law enforcement, most of the officials proposing punishment are, as the case may be, members of the primary or appellate boards, which affect the principle of impartiality. In the case of a power of attorney, the accused or plaintiff must necessarily choose his lawyer or representative from among the I.R.I. Police's employed or retired legal staff. The results of the investigation also indicate that sufficient guarantees have not been provided for the observance of due trial standards in the investigation of violations by the staff of the Armed Forces.