تعريف و مباني علني بودن دادرسي كيفري

Definition and Principles of the Criminal Publicl Trail

The performance of criminal justice, which is the aim of each criminal proceedings, will not have any chance to be appeared without holding a fair trial, in which the rights and freedoms of the accused, victim and other individuals engaged in the criminal process are respectably recognized. The public trail occurs in a situation, in which the hearings charging to the accused are held and managed without any obstacles for the attendance of the ordinary persons and the public media. This situation is considered nowadays as one of the main elements of fair trials and a right of human rights in the criminal actions. Any departure from the principle of the public trial shall be deemed and considered as the breach of the conditions of fair trials and ignorance of the primary rights of individuals, except in the cases specified and contained in the law, which are applied just in the democratic conditions and as a result of the balance of interest and contradictory values. In spite of some early conceptions that generally recognize the elements of a fair trial as the defender of the rights of the accused, the public trail guarantee some advantages and interests for the society. Thus, the individual right of the accused together with the public interest of society should be defined and explained in the frame of the principles of the public trial. This paper describes the subjective principles of the public trial after introducing and presenting the initial problems.