Abstract Obstacles, Challenges and Limitations of the Right of Access to Judicial Cases

One of the most important and fundamental principles prevailing of fair trial is the principle or right of accessibility so that this principle has been inserted in legislation of modern trial systems and has been applied without any restriction at all of the proceeding process. In fact, without principle of accessibility, it is impossible access to the other of fundamental principles such as equality of arms and neutrality. In another way,from through of the principle of accessibility, it will be possible the application of the other principles of criminal procedure. The ambit of this principle, includes pre-investigation and initiation of prosecution and investigation until proceeding and adjudication. Being restriction in absolute applying of this principle, will make serious and fundamental vitiation access to this principle. The principle of accessibility, in one hand, is right of presence and intervention of lawyer at all of the proceeding process such as pre-investigation and in another hand, absolute access of the parties and layers to all of the papers and contents and possibility of taking duplicate and counterpart. Crimes relating to medical and medicine affairs are sensitive and important, both the point of view victim and offender. Reciprocity of accessibility right to judicial crimes relating to medical and medical crimes with article 648 Taazirat Act 1375 which prevailing on disclosure prohibition of professional secrets, is the most important challenges about accessibility right to such cases.