The Mechanism of Regulating and Adjusting the Confidentiality of Preliminary Inquiries

Today, the issuing of a fair verdict cannot be considered as a result of handling a case that was prepared in the pre-trial stages, in an investigative manner and without benefiting the litigants from all the facilities necessary for an effective and useful defense. Therefore, criminal proceedings can move in the right direction when all criteria of fair proceedings are enforced in all stages, including preliminary investigations, which are the basis of proceedings. Therefore, it should be accepted that fair trial is a general concept that affects the criminal justice system from the beginning of the investigation to the acquittal of the accused or the release of the criminal. Hence, it can hardly be called a right in its broad and traditional sense, rather it is a principle that should be a guide in all stages. What is necessary to achieve the prominent goals of a fair trial in the preliminary investigation stage is that the confidentiality of the preliminary investigation process, which is divided into non-public and confidential, should not be interpreted in such a way that the accused's right to defense is violated. Therefore, in order to adjust the confidentiality of this process, precise guarantees have been provided to protect the defense rights of the accused in the criminal justice system of Iran .The current research deals with this issue in Iran's criminal system with a descriptive-analytical approach.