The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

A Critical Analysis of Privatization in Iran’s Criminal Justice System

Document Type : Research/Original/Regular Article

Authors
1 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Tehran (Farabi Schools), Qom, Iran
2 PhD student in Criminal Law and Criminology, Faculty of Law, Farabi College, University of Tehran
Abstract
A review of Iranian criminal legislation from the perspective of privatization indicates that the legislator has opened the door to certain forms of private-sector involvement within the criminal justice system. In an era of rapid socio-economic and technological change, the further expansion of privatization into additional domains of this system appears highly probable. Accordingly, achieving successful and rights-compliant privatization requires a comprehensive critical study that both evaluates existing regulations and articulates the necessary legislative and regulatory safeguards.  Employing a descriptive-analytical method and drawing on library sources, the present research critically examines — with regard to the requirements and obstacles of privatization — the executive regulations governing (1) Private Protective and Care Institutions, (2) Offices for Electronic Judicial Services, and (3) Electronic Monitoring systems. The aim is to propose the necessary regulatory amendments to ensure the effective and efficient performance of the private sector and to clarify the legislative imperatives in this domain.  The findings identify five indispensable principles that must guide future regulation in this field: (I) confining privatization to non-core functions of the judiciary; (ii) ensuring transparency and accountability of private actors; (iii) delivering high-quality yet affordable services; (iv) preventing the creation of a class-based criminal justice system; and (v) safeguarding individuals’ privacy.
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Volume 30, Issue 110
Spring 2025
Pages 1-27

  • Receive Date 18 September 2024
  • Revise Date 27 September 2025
  • Accept Date 18 February 2025