Principles of Fair Trial in the Judicial Practice of Iranian Press Courts

Abstract

The existence of special press courts in some major cities, both at the investigation stage (Media Prosecutor’s Office) and at the judgment stage (certain branches of the Criminal Court of Tehran Province), as well as the formulation and drafting of press laws throughout the contemporary history of Iran, indicate a particular focus on press rights and the prosecution of related offenses. The presence of certain legal gaps regarding the guarantee of enforcement of press laws, along with the lack of specialized courts widely addressing press-related crimes, are considered weaknesses in this area of Iranian law. The research method is qualitative and library-based. The approach for presenting research discussions is descriptive-analytical. This research examines the legal foundations and analyzes existing realities within the theories. The law, fundamentally in the year 784 AD, ruled that the trial of political and press crimes must be public. However, it seems that the absolute application of this principle is illogical, as in some cases, the interests of individuals or the state impose the non-public nature of such processes.