The principle of publicity in criminal procedures, a comparative study between Iraqi law and Egyptian law

Abstract

The principle of publicity is one of the fundamental principles that contribute to achieving criminal justice by ensuring the transparency of judicial procedures and enabling the public to follow trials. This research aims to conduct a comparative study between Iraqi law and Egyptian law regarding the principle of publicity in criminal procedures. The focus was on the legal texts that enshrine this principle in both systems, including the constitution and subsidiary laws such as the criminal procedure laws. The challenges associated with the application of this principle were also analyzed, such as the protection of privacy and national security and exceptions to publicity in sensitive cases. The research highlights the similarities and differences between the two legal systems, as both systems share the emphasis on the principle of publicity as a main guarantee of justice, but with differences in the formulation of legal texts and the application of exceptions. The practical applications of the principle of publicity in criminal trials were also studied, including the publicity of trial sessions and the publication of judgments, while assessing the extent to which this principle affects promoting transparency and justice. The results show that both systems face challenges in achieving a balance between publicity and the protection of privacy, including legal texts and judicial procedures that govern exceptions to the principle of publicity.