Exceptions to Public Proceedings in Criminal Jurisprudence, Iranian Criminal Law, Human Rights Documents and International Criminal Law

Public proceedings are one of the principles of fair proceedings, the limitations and exceptions of which are of great importance and sensitivity. The nature of these limitations and exceptions are important issues that have received less attention in the shadow of the principle of public proceedings. The purpose of this article is to examine the exceptions of public proceedings in criminal jurisprudence, Iranian criminal law, human rights documents and international criminal law. This article is descriptive and analytical, and the library method is used to investigate the mentioned topic. The findings indicate that in jurisprudence, the acceptance of the principle of public proceedings can be inferred, but there is no mention of its exceptions. In Iranian criminal law, at the discretion of the court and in cases such as children's court, public decency, public order and security, religious or ethnic sentiments, and private lawsuits, if the parties to the lawsuit request, the proceedings are closed. In human rights documents, ethics and public order and national security of governments are exceptions to public proceedings. In the statutes of international criminal courts, issues such as public order or morality and security, protection of witnesses and victims, compliance with the expediency of justice, and protection of documents and information are exceptions to public proceedings. Although in international documents, these exceptions are stated in a general way, but the general and non-transparent statement of these exceptions in the domestic laws of countries, including Iran, cannot be defended.