نوع مقاله : علمی - ترویجی
قاضی دادگستری و دانشجوی دکترای حقوق کیفری و جرمشناسی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
عنوان مقاله [English]
One of the principles of just trial is principle of openness of trial. Legislators of countries, as per a part of advisabilities, state exceptions of this principle, too. One of rights that have been taken for these criminals in lawful system of countries is principle of openness of holding trials related to political criminals, absolutely and there is no exception in it. In Iranian penal system, how of trial of political criminals has faced with many ups and downs, so that in a juncture. One of reasons of penal severity tendency against this category of criminals is fear of dominant power and instability of government after actions of political criminals while political criminals are present criminals and future heroes and soul of justice-seeking leads them toward deviation. So, existence of a separated penal policy whether in dimension of natural penal law and form penal law and also, holding trial of political criminals as open and without exception is unavoidable, a subject that has been predicted in principle 168 of constitution. But ordinary legislator in 2013, by enacting articles 305 and 352 of penal trial ritual act and article 4 of political crime act in 2016, has provided field of explicit and clear contradiction of principle 168 of constitution. The subject of the paper is to investigate this subject.