تحلیل نظام شبه‌کیفری دادگاه انتظامی سردفتران و دفتریاران از منظر دادرسی منصفانه

The Disciplinary Court for Notaries and Clerks is one of the semi-criminal administrative bodies within the Iranian judicial system, tasked with examining and adjudicating the misconduct of notaries and clerks—misconducts that do not have a criminal nature and are defined within the framework of administrative and disciplinary responsibilities. To address such misconduct, the legislator has established a disciplinary prosecutor’s office and court. However, the absence of an independent and comprehensive law governing proceedings, coupled with reliance on the 1975 Law on Official Documents and its executive regulations, has created limitations in the judicial process. The principle of a fair trial, as the core and fundamental criterion of any judicial system, guarantees individual rights and freedoms and serves as a benchmark for evaluating the quality of proceedings. Examination of the regulations governing the Disciplinary Court for Notaries and Clerks indicates that, in practice, the fulfillment of fair trial requirements faces multiple challenges, including limited access to the court, lack of full independence and impartiality of the adjudicating body, failure to ensure equal hearing, violation of the presumption of innocence, and restricted rights to appeal. This article aims to analyze the aforementioned semi-criminal system, identify existing deficiencies, and propose measures to improve the quality of proceedings by assessing the conformity of the Disciplinary Court’s procedures with the principles of a fair trial, emphasizing the need to revise current regulations to guarantee the rights of defendants and enhance transparency and justice.