نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
In the criminal justice system, ensuring the confidentiality of suspects’ information at the preliminary investigation stage, as one of the requirements of a fair trial, holds a fundamental position in line with the guarantee of the presumption of innocence and the protection of the right to privacy. This research, with the aim of presenting a concept entitled “judicial mechanism” and distinguishing it from concepts such as judicial criminal policy and judicial interpretation, seeks to identify and explain the mechanisms effective in ensuring the confidentiality of suspects’ information. The research method is descriptive-analytical, and its data have been collected through in-depth interviews with judicial officials and analysis of legal sources. The findings of the research show that factors such as legal gaps, media pressure, and the rapid dissemination of information in small judicial areas with a high density of interpersonal relationships within that jurisdiction provide the context for the unauthorized disclosure of information. judges employ measures such as restricting access to case files, changing the time and place of conducting investigations, issuing specific orders to law enforcement agents regarding the manner of transferring and recording suspect information, and strict control of the circulation of case files; however, these mechanisms lack a unified procedure and their application depends on the circumstances and the discretion of judges. Ultimately, the results of the research show that strengthening legal frameworks alongside the implementation of coherent judicial mechanisms accompanied by effective supervision plays a decisive role in ensuring the confidentiality of suspects’ information.
کلیدواژهها English