Analysis of Jurisprudential and Legal Foundations of Information Disclosure in Criminal Proceedings with Emphasis on Iran's Human Rights Obligations

Document Type : Original Article

Authors
1 Department of criminal law and criminology, Mar.C., Islamic Azad University, Maragheh, Iran.
2 Department of Criminal Law and Criminology, Mar.C., Islamic Azad University, Maragheh, Iran
3 Department of Criminal Law and Criminology, Mar.C. Branch, Islamic Azad University, Maragheh, Iran.
10.22034/jhsrj.2026.2084548.1053
Abstract
Background and Objectives: Information disclosure in criminal proceedings presents a complex challenge at the intersection of domestic law and international obligations. This research aimed to analyze the jurisprudential and legal foundations of this phenomenon and assess the alignment of Iran's criminal policy with its human rights obligations concerning the right to privacy and a fair trial.

Materials and Methods: This research was conducted using a descriptive-analytical method and library resources. The primary focus was on analyzing jurisprudential texts, statutes, and upstream documents such as the Judicial Transformation Document 2024.

Ethical Considerations: Throughout all stages of the research, the principles of trustworthiness in citation and the authenticity of texts were strictly observed.

Findings: The findings indicate that in Imami jurisprudence, the principles of inherent dignity, sanctity of reputation, and the necessity of secrecy deem the disclosure of secrets religiously forbidden and subject to liability. From a legal perspective, upstream documents like the Judicial Transformation Document indicate a shift towards a "Smart Protection" approach. However, legal gaps remain evident in criminalizing disclosure by citizen-journalists and addressing unintentional leaks.

Conclusion: Achieving the full standards enshrined in international human rights instruments to which Iran is committed requires strategic reforms. Firstly, existing legislative gaps, particularly concerning information disclosure by "unofficial third parties" in cyberspace and criminal liability arising from the "negligence" of officials, pose a threat to the practical realization of the right to privacy and a fair trial.
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