The Impact of Security‑Oriented Policies on the Structure and Process of Special Economic Crimes Trials in the Iranian Legal System

Abstract

Special proceedings for economic crimes, as one of the tools of contemporary criminal policy, play a decisive role in ensuring economic security and public trust. However, the dominance of security‑oriented approaches in this type of proceeding has created serious challenges regarding the observance of fair trial principles. This study, using a descriptive‑analytical method, aims to explain the foundations of special proceedings, examine the impact of security‑oriented policies, and assess the degree of compliance with fair trial principles. The findings indicate that special proceedings for economic crimes are based on distinct foundations including expedited proceedings, efficiency, and prevention of the flight of the accused and the dissipation of assets. However, security‑oriented policies have transformed the structure and process of special proceedings by restricting the right to effective defence, limiting access to counsel, reducing the publicity of hearings, and restricting the possibility of appeal. As a result, the practices of special proceedings for economic crimes comply only to a limited extent with the key requirements of fair trial principles (such as the presumption of innocence, the right to defence, publicity, and the right to appeal) and in many cases deviate from the standards of these principles. This study, by presenting a balanced framework, provides solutions for legislative reform and improvement of judicial practice to maintain a balance between the requirements of economic security and fair trial guarantees.