The State of Balance of Security-Oriented and Citizen-Oriented Approaches in the Fair Trial Process

The principle of jurisdiction of public courts is considered as one of the basic principles of any legal system. Trial in special courts is an exception in the area of criminal procedure law. Therefore, in this article, considering the importance and important role of the balance between security-oriented and citizen-oriented approaches in achieving a just and fair trial, while expressing the limitations imposed on the well-known principles and guaranteeing the defense rights of the accused, to the extent to present the possibility of balancing mechanisms between these approaches during the proceedings of the Revolutionary Court. One of the types of specialized authorities in Iran's criminal law, which was formed with the aim of consolidating and stabilizing the foundations of the system, is the Islamic Revolution Court and since the proceedings in these courts are a specialized court by itself, the suspicion of non-observance of procedural guarantees is raised. The mind takes action; Determining the status and degree of adherence to the well-known principles of fair proceedings, such as observing the principle of public proceedings, the presumption of innocence of the accused, the right to have a lawyer, the right to appeal, etc., during the proceedings of this court, is an important and inevitable matter. Although the Iranian Criminal Procedure Law approved in 2012 compared to previous laws and under the influence of human rights and humanitarian perspectives, efforts have been made to create a balance between security-oriented and citizen-oriented approaches and pay more attention to the observance of citizen's rights, but there are still signs of adopting the dominant approach there is a security focus in the proceedings of some crimes in this court, which has caused problems and criticisms.