Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Privacy of Information and the Prohibition of its Disclosure in the Process of Criminal Proceedings in Iran and England

Document Type : Original Article

Authors
1 Ph.D Student of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
2 Associate Professor, Educational Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran. (Corresponding Author)
3 Associate Professor, Educational Department of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
10.22034/jccj.2024.430993.1447
Abstract
Confidentiality of information and prohibition of its disclosure in the judicial process is one of the most important aspects of privacy. Therefore, governments have implemented legal and criminal protections in order to guarantee it and consider its violation as a criminal behavior. Respecting and guaranteeing the privacy of information in criminal cases, due to its importance in the outcome of proceedings, is foreseen in both the criminal systems of Iran and England. This is a descriptive and analytical research that, from the perspective of the goal; It is practical. The research method is document-library. Findings: In both the criminal systems of England and Iran, information privacy is considered as one of the important aspects of privacy, and several solutions have been provided to protect information privacy and prevent the disclosure of case information. Results: Confidentiality of preliminary investigation, no access to the file, closed proceedings, non-disclosure of the identity of the witness (and in some cases the identity of the victim-witness), prohibition and limitation of audio and video recording of the criminal proceedings, and prohibition of the publication of images and identity details. Among the most important effects and examples, are those provided in the laws of Iran and England in order to prohibit the disclosure of information in the process of criminal proceedings.
Keywords

Volume 3, Issue 5
Winter 2024
Pages 39-51

  • Receive Date 08 August 2023
  • Revise Date 11 September 2023
  • Accept Date 20 December 2023
  • Publish Date 20 February 2024