Liberty of the Press and Reviewability of Acquittal Issuude by Lower Court in Press Crimes (Critique and Examination of the Rulling No. 11-2017/7/18 Issud by United Chambers of Criminal Branches of Supreme Court)

Document Type : Technical-Scientific

Authors

1 Associate Professor at Law and Political Science Faculty of Tehran University

2 MA in Criminal law and Criminology of Tehran University

Abstract

If jury believes to innocence of accused in trial court, this verdict is binding for court based on Presumption of innocence and other bases in Criminal law. According to this, does acquittal issude by trial court in press crimes have special quality toward conviction or not?  The answer of this question affects to comparison of definitive judgment. Because of dissidence that created between lower court and 24th chamber of supreme court in interpretation of S 43 of Press Law 1986, the case has investigated in united chambers of criminal branches of supreme court and this court has upheld acquittal. This dissidence is multiple construable and acquittal is according to nature of rights and liberty of press.

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