Research and development in criminal law and criminology

Research and development in criminal law and criminology

The role of electronic proceedings in reducing the delay of criminal proceedings in Iran with an emphasis on the document of the transformation and excellence of the judiciary

Document Type : Original Article

Authors
1 LL.M. Student in Criminal Law and Criminology, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
2 Master's student in Criminal Law and Criminology, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
3 Assistant Professor, Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
Abstract
The phenomenon of delayed proceedings constitutes one of the most serious structural challenges of the Iranian criminal justice system. Prolonged adjudication not only undermines fundamental principles such as the right to a fair trial, access to justice, and human dignity, but also weakens the deterrent effect of punishment and erodes public trust in the judiciary. In response to this persistent crisis, digital transformation initiatives, and in particular the development of electronic proceedings (e-proceedings), have emerged as a promising technological–legal approach. This article, adopting a descriptive–analytical method and drawing upon legal literature and key judicial policy documents such as the Document of Transformation and Excellence of the Judiciary, seeks to explore the role of e-proceedings in reducing judicial delay within the criminal process in Iran. The findings highlight that various electronic mechanisms—such as online complaint registration, electronic notifications, digital court orders, smart case files, and video hearings—can substantially accelerate proceedings, reduce bureaucratic costs, improve transparency, and reinforce the defendant’s right to defense. These measures also have criminological implications, including the reduction of victims’ secondary victimization and mitigating the psychological strain on defendants caused by prolonged litigation. Nevertheless, the implementation of e-proceedings in Iran faces significant challenges, including infrastructural weaknesses, unequal digital access, limited specialized training for judicial actors, and the risk of digital forgery and security breaches. Without careful regulation, these risks could jeopardize principles of due process and equality of arms. The study concludes that while e-proceedings are not a panacea, they can, when embedded in a precise legal framework, supported by continuous training and effective safeguards, serve as an important tool to reduce judicial delay, enhance efficiency, and restore legitimacy to the criminal justice system. Ultimately, the modernization of judicial processes through e-proceedings represents not only a technical innovation but also a structural reform necessary for realizing fair, timely, and trustworthy criminal justice in Iran.
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