Volume 10, Issue 3 , January 2022, , Pages 113-137
Abstract
Although the principle of openness of the trial plays a privileged and significant role in the realization and guarantee of a fair trial, it is nevertheless restricted in international ...
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Although the principle of openness of the trial plays a privileged and significant role in the realization and guarantee of a fair trial, it is nevertheless restricted in international human rights and domestic law instruments of Iran. In this regard, the main question of the present article has been to what extent the limitations and exceptions of public hearings as well as the scope of these exceptions and the procedures for their application in the Iranian legal system comply with the criteria accepted by international instruments? The research findings show that the examples of public trial exceptions in Iranian law (including public order, public decency, parties' claims in private lawsuits, preliminary investigations and juvenile litigation) - despite some differences and challenges - are largely consistent with its examples. Complies with international human rights instruments. Regarding the realm of exceptions to public trials, although the constitution absolutely emphasizes the need for public and political trials to be public, with the passage of the new Code of Criminal Procedure, these crimes are also within the realm of exceptions to public trials. Regarding the formalities of holding the court in private, the reference to the new Code of Criminal Procedure on the need to issue a decision to make the trial closed - despite some legal problems - has brought the Iranian legal system closer to international standards.
