نوع مقاله : پژوهشی
نویسندگان
1 دانش آموخته کارشناسی ارشد حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، واحد چالوس، دانشگاه آزاد اسلامی، چالوس، ایران
2 استاد، گروه حقوق جزا و جرم شناسی، دانشکده معارف اسلامی و حقوق، دانشگاه امام صادق(ع)، تهران، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
It is not enough to simply implement criminal laws, But the performance of the courts during the proceedings should be such that the litigants and public opinion clearly feel justice. Based on this, Publicity of trials as a means of realizing judicial transparency and a manifestation of fair trial is justified by the argument that public control will minimize the grounds of injustice in the criminal justice system and will help to realize the sense of justice in the course of criminal proceedings. In criminal jurisprudence, The issue of publicity of the trials has not been stated explicitly, But resorting to the observed behavior of innocents to deal with it, Considering the consensus of jurisprudents and their opinions regarding etiquettes of Islamic judgment, And relying on rational evidence as a major source of judgment revelation, It can be concluded that publicity of the trials in criminal jurisprudence has been accepted. In the Contemporary Human Rights System, The issue of publicity of the trials as a principle has been clearly stated and supported. In this regard, this system considers the structure of public hearing to have mechanisms that give meaning to this principle and make it consistent; So that even with the absence of one of these mechanisms, Its real meaning is overshadowed. The current research, Explains the subject under discussion in the framework of criminal jurisprudence and the contemporary human rights system.
کلیدواژه‌ها [English]
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