Comparative Study of Exceptions to the Attendance the ‎People in Criminal Hearing; International Human Right ‎System and Iranian Criminal System

Although the right of the attendance the people in court according to publicity of the hearing is thought of as a fundamental principles of proceedings and plays a pivotal role in the accomplishment of a fair trial, sometimes publicity does not secure good administration of justice so that a hearing held in camera fits in with the interests of justice in proceedings. Accordingly, there are a few exceptions to the principle of public trial in the international human right system and Iranian criminal system whenever preserving individual or collective interests requires. Aim of this research is to answer the question that how many similarities exist between international human right system and Iranian criminal system in the context of exceptions to the attendance the people in criminal hearing, and also scope, and formalities of their.The present study was carried out using a descriptive-analytical method and library resources.      The findings of the research indicate that mention of some exceptions (including interests of justice; religious or ethnic feelings; forgivable offenses) in Iranian criminal system and the international human rights system are not very consistent, but most of the legal examples This issue (including national security, public order, morals, juvenile proceedings, family lawsuits) is coordinated to a large extent in these two systems. Therefore, In general, It has been concluded that despite the unreasonable scope and ambiguity in the meaning and meaning of some of these exceptions, as well as the difference in the scope of some examples and the way they are applied in both systems -which could be attributed to the nature of the governing system in Iran and the international community and their different criteria-; it can be acknowledged that regarding the exceptions of the presence of people in the hearing, the Iranian criminal system and the international human rights system are largely aligned and consistent with each other.