The Right to a Fair Trial

The author analyses the content and the relation between the principles of offence determination (command responsibility) in the court criminal proceedings, the principal of individual subjective responsibility and the right to fair legal trial. Both in national and international law proceedings the essence of the offence determination is cosisted of criminal motive determination in the critical criminal act. By determination of criminal motives the realisation of all criminal legislative principles(legislature, legasy, individual subjective responsibility, offence determination, humanity, rightfulness and proportion, the right to fair trial etc.) are provided as well as the guarranty of human rights and freedom of all percipitients of criminal proceedings being the source of all criminal legislative principles. In the domain of basic human rights and freedom achievement i.e. the criminal legislative principles in front of the international crime courts - the author emphasises that the essence and the way of their achievement depends on the relationship between the legislative, executive, and court authorities. The author concludes - The quality and quantity influence of the executive authorities on the court and legislative authorities of a state depends on the essence and level of selfconsciousness, literacy and civilization of the people at the executive authorities of certain country, as well as of their vision and strategy of the state developement. If the people in the executive authorities are inclined to coruption, bribe, organized or institutional criminal - then the other two authorities would be the same.