THE PRINCIPLE OF PUBLICITY IN CRIMINAL MATTERS BETWEEN THE REQUIREMENTS OF PROCEDURAL LEGALITY AND THE PROTECTION OF THE RIGHT TO PRIVACY
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Abstract
If the prosecution and punishment of the offender are necessary to protect the public interest of society and the interest of the individual, this must be done within the framework of respecting human rights as enshrined in various international instruments and upheld by different constitutions. This requires that the accused be tried in a manner that ensures the protection of all their rights, fulfilling the procedural legality by guaranteeing the right to defense, equality before the law, and the publicity of their trial, thereby achieving what is known as a fair trial. However, the principle of public hearings in criminal cases may conflict with the privacy of individuals, which necessitates its protection. Consequently, it may be necessary to exempt certain cases from this principle out of respect for the right to privacy, as it affects the private lives of individuals.
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References
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