The Requirements of Transparency in Proceedings and its Challenges in Iranian Criminal Law

Ghadiri, Mohammad; Jafari, Ghasem; Jamshidi Rad, Mohammad Sadeq; Abdolahpour, Akram; Pourbafrani, Alireza

doi:10.22034/ejs.2026.468220.1874

The Requirements of Transparency in Proceedings and its Challenges in Iranian Criminal Law

Document Type : research

Authors

Mohammad ghadiri ¹

Ghasem Jafari ²

Mohammad Sadeq Jamshidi Rad ³

Akram Abdolahpour ⁴

Alireza Pourbafrani ⁴

¹ PhD Student in Jurisprudence and Fundamentals of Islamic Law, Payame Noor University, Tehran, Iran.

² Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Payam Noor University, Tehran, Iran

³ Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Payam Noor University, Tehran, Iran.

⁴ Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Payam Noor University, Tehran, Iran.

10.22034/ejs.2026.468220.1874

Abstract

Background and Aims: Transparency in proceedings, in the sense that all procedures and documentation of judicial opinions should be clear, specific and transparent. Based on this, the aim of this article is to examine the requirements of transparency in judicial proceedings and its challenges in Iranian criminal law.
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: Publicity of the proceedings, the possibility of publication of the proceedings, freedom of information and the rights of the accused in public proceedings, the presence of the proceedings, orality Proceedings and announcement and public reading of the opinion are the requirements of transparency in criminal proceedings.
Result: transparency in the proceedings of some crimes, such as against the security of the principle of public proceedings and the lawyer's access to the contents of the case, has faced challenges and limitations. In fact, in crimes against security, the investigator can prevent the access of the lawyer to the contents of the case, and also the hearing can be held in private in line with the public order according to the opinion of the judge of the case. It should be noted that public order is a general word that needs to be defined by the legislator.

Keywords

transparency in proceedings

public proceedings

freedom of information

criminal law

Subjects