Background and purpose: Guaranteeing the implementation of fair proceedings is one of the important issues and the subject of discussion and opinion. Providing a comprehensive explanation of the guarantee of fair proceedings requires knowing the foundations of its formation. The purpose of this article is to examine the question of what are the foundations of the formation of the guarantee of fair proceedings in the criminal law of France and Iran?
Materials and methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that supporting the defense rights of individuals (including explanation of charges, explanation of rights, contact with the family, access to a lawyer, silence and presentation of the last defense) and guaranteeing the correctness of proceedings at different stages are the most important platforms for the formation of the guarantee of implementation. They are fair proceedings.
Result: By comparing the aforementioned platforms and comparing with the French criminal system, several shortcomings are visible in the current criminal system of Iran, the most important of which are the lack of guarantee of execution in case of delay in the explanation of the charge. contact with the family, presentation of the last defense and the openness of the criminal proceedings, the lack of deterrence of the guarantee of the prescribed executions regarding the violation