The Pathology of the Transparency Principle in the Criminal Legislation of Iran and Its Relation to Good Governance

The effect of transparency of laws and regulations in criminal legislation domain and its relation in respect of its role in good governance has not been dealt with in internal legal literature. This study aimed at investigating optimolog of this principle in criminal legislation domain in three levels (legislative authority, legislation process, and legislative data) and its relation with good governance summarily. This study is a descriptive-analytical one, it should be said that transparency does not have a long history, it has grown alongside growth of individuals’ political and social awareness. Based on findings of this study, in all three levels, concept of transparency has special importance that dealing with demonstrates the position of Iran criminal legislation in observing principles and fundamentals of law; existence of several legislative institutions, confidentiality’s dominance over transparency culture in legislation and indeterminate legal propositions process have made our country encounter serious challenges and problems to observe transparency principle, hence it has affected good governance that transparency is one of its requirements in all aspects and levels except security and military issues in case of having cases. Whilst concentration on of transparency in criminal legislation, we aimed at identifying the relation of this subject with good governance.