The Sanction of Nullity Resulting from the Violation of Procedural Principles

One of the key objectives of the criminal justice system is to maintain social order and protect individual rights throughout the course of legal proceedings. Within this framework, procedural principles and rules serve as the foundation for the stability and implementation of this crucial legislative aim. However, merely enacting procedural rules and principles is insufficient; these rules must also be supported by the legislator through enforceable legal guarantees against violations by any party involved in criminal prosecution. Among the most severe and effective legal sanctions for such violations is the remedy of nullity or invalidity. The purpose of the present study is to examine the legal sanction of nullity arising from breaches of procedural principles. This research has been conducted using a descriptive and analytical method. The findings indicate that despite the theoretical significance of nullity, this legal remedy has not received due attention in the Code of Criminal Procedure. Except for a few instances, the principle of nullity is not explicitly articulated in the law.