مبدأ التقاضي على درجتين كضمانة لحق المتهم في محاكمة عادلة

Abstract EN

A fair trial on the criminal side is one of the most fundamental human rights enshrined in international and regional human rights instruments.

and confirmed by the constitutions and laws of the States, and the fair trial in its turn is based on the provision of a set of fundamental guarantees to the parties to the proceedings and, in particular, the accused, among these guarantees is the principle of the double degree of jurisdiction, so that the litigant who was disadvantaged before the first instance has the opportunity to refer the dispute to a higher court for further arbitration, the absence of a degree of litigation is a violation of an important human right protection of that right ", the Rules for the Criminal Protection of Human Rights of International Origin have underlined the protection of this right.