The principle of publicity of criminal trials and its applications in Iraqi criminal law, an analytical study

Abstract

The principle of public trial is one of the most important fundamental guarantees in the criminal justice system. It aims to achieve transparent justice and enhance public confidence in the judiciary. This principle stipulates that trial sessions must be open to the public and the media, unless necessity dictates otherwise, such as to protect public order or the privacy of victims. This principle is important because it serves as a monitoring tool for judges and prevents deviation from legal procedures. It also guarantees the accused's right to a fair and public trial, as stipulated in international agreements, such as the International Covenant on Civil and Political Rights. However, publicity is not absolute, as criminal laws in most countries allow for specific exceptions, such as trials related to juveniles, sexual crimes, or national security cases. In these cases, sessions may be held in secret to preserve the public interest or protect certain parties. This study provides a comparative legal analysis of various legislations and reviews the judicial applications of this principle, highlighting the limitations and challenges it faces in light of the development of modern media. It also discusses the required balance between the right to publicity, the rights to privacy, and public security.  The study concludes that public trials are a cornerstone of criminal justice, but their implementation must be conducted with wisdom that preserves the interests of society without compromising individual rights.