Iran’s Criminal Policy Regarding Judicial Supervision Orders

Abstract

The occurrence of a fair trial and the realization of justice are not possible except on the basis of precise and transparent rules governing judicial proceedings. The right to a fair trial, which extends practically to all criminal and civil proceedings, encompasses the entire judicial process—from crime detection, prosecution of the accused, and preliminary investigations to trial, final judgment, and enforcement of punishment. The realization of justice constitutes the ultimate objective of all judicial proceedings, and a fair trial is considered one of the most important indicators for evaluating the advancement of a country’s social and judicial structure. Assessing the fairness of proceedings is achievable only through the establishment of criteria identified as the necessary standards for recognizing judicial processes as fair. With the extensive application of pretrial detention against suspects and the harmful consequences resulting from it, along with widespread criticism concerning excessive reliance on imprisonment and detention-oriented policies, the proposal to establish alternatives to imprisonment at the pretrial stage emerged. This development led to the formation of a new perspective among criminal policymakers aimed at restricting the use of pretrial detention and respecting one of the most fundamental rights of individuals—personal liberty—throughout different stages of criminal proceedings, particularly during preliminary investigations. This new criminal measure, incorporated into the laws of most criminal justice systems, encouraged these systems, in accordance with international instruments, to reduce reliance on pretrial detention to the minimum possible level. The judicial supervision order represents such a measure and is regarded as one of the indicators of achieving a fair trial. Understanding the nature of judicial supervision orders, due to their emergence as primarily complementary and subsidiary measures alongside preventive orders, assessing the rationality behind the creation of this new institution, analyzing the method of issuing such orders and their enforcement procedures, and identifying the conditions and requirements that enhance their effective implementation are issues of particular importance given the novelty of this criminal institution.