تشهیر «متهم»؛ از اصل ممنوعیت تا موارد اباحه قانونی (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
در ماده 96 قانون آیین دادرسی 1392 به صراحت و با شرایطی خاص تشهیر متهم از رهگذر وسایلی چون رسانه های جمعی مجاز دانسته شده و در همین راستا، در تبصره 2 ماده 353 قانون مذکور نیز انتشار جریان رسیدگی و گزارش پرونده در محاکمات علنی را که متضمن بیان مشخصات شاکی و متهم است تحت شرایط خاص تجویز گردیده است. به علاوه با مروری در مواد این قانون به موارد دیگری از تشهیر متهم می توان برخورد نمود. این پژوهش با روش توصیفی تحلیلی و استفاده از منابع کتابخانه ای درصدد اثبات این موضوع هست که مطابق منابع فقهی (امامیه) و متون قانونی مجوزی برای تشهیر متهم از طرقی چون متهم گردانی یا انتشار تصاویر تار شده و شطرنجی یا انتشار حروف ابتدایی نام و نام خانوادگی متهمان وجود ندارد و علاوه بر آن، تشهیر متهم در سایه مواردی چون انتشار تصاویر نیز باید به ندرت و با رعایت شرایط ویژه انجام گیرد.Scandal of The "Accused"; From The Principle of Prohibition to Cases of Legal Debauchery
In Article 96 of the Law of Procedure 2013, it is explicitly and with special conditions allowed to publicize the accused through means such as mass media, and in this regard, in Note 2 of Article 353 of the aforementioned law, the publication of the proceedings and report of the case in public trials, which includes the disclosure of details The plaintiff and the defendant are prescribed under special conditions. In addition, by reviewing the articles of this law, other cases of the defendant's publicity can be dealt with. This research, with descriptive analytical method and using library sources, tries to prove that according to jurisprudential sources (Imamiyah) and legal texts, there is a license to publicize the accused in ways such as making accusations or publishing blurred and checkered images or publishing the first letters of the name and surname. There are no defendants, and in addition, publicizing the defendant in the shadow of cases such as the publication of pictures should be done rarely and under special conditions. 1.Introduction Article 96 of the Criminal Code approved in 2012 is the first time that it has been specified in the legal texts of our country, and in two cases, media permission was issued for the pictures and details of the accused. These cases also bring ambiguities and challenges, and their use requires the fulfillment of certain conditions. In addition, according to Note 2 of Article 353 of the above law, based on some special grounds and justifications, and with the prescription of some high-ranking judicial authorities, the legislator has issued the possibility of publishing the proceedings of the case, which includes the details of the plaintiff and the accused. Also, the mob that seems to have become more intense with the use of virtual space by thugs and mobs for their show of power and violent behavior on the part of the police, and with this, the police is looking for the so-called "thugs" who use His behavior in the streets and neighborhoods, as well as showing his actions on social networks, are causing terror to the people by turning them around at the level of the city and neighborhoods, and in this way, try to improve social security. Publicizing the accused through the mentioned cases or in any way is against the principle and has been met with many objections and doubts in jurisprudence and legal texts as well as in international documents. In general, due to the many negative effects and consequences that the publicity of the accused, especially because of the notoriety and scandal that it brings to such people before the final sentence is issued, the possibility of using the effects of publicizing the accused is accompanied by many ifs and buts and needs to be investigated and studied. Is abundant. 2.Methodology The current research is trying to find an answer or answers for the research questions using a descriptive analytical method and using library tools; But first, it is necessary to identify some words that are mentioned a lot in this research in order to clarify the scope of the research. 3.Results and Discussion The issue of making mobs or publishing pictures of the accused in the mass media, especially radio and television, when a definitive verdict has not yet been issued on the charges and the case is under investigation, has caused irreparable damage to the moral character of the accused, and in the event of acquittal of the accused, The crime of defamation is certain in this context, and unfortunately, it is not possible to compensate the reputation of the accused or the accused in most cases. As in recent years, there have been examples of such cases where the media prepared reports about the crimes committed and the people involved in them with great detail and recklessly published the pictures of the accused in the media. The defendant or defendants have been acquitted of all charges and acquittal has been issued against them. 4.Conclusion Publishing pictures of the accused (except in legal cases) or making accusations is against some principles of the constitution (principle 39) and is also against the need to respect the human dignity of individuals and should be taken into consideration. People are protected by the rule of presumption of innocence until they are found guilty, and even the smallest and least important restrictions on their rights, such as freedom of movement, social rights and citizenship, are subject to legal specification and, in the second place, judicial prescription. Therefore, in the absence of law, the actors of the justice system Criminals such as judicial authorities and bailiffs do not have the possibility or authority to publish pictures of the accused or other measures that threaten their rights in some way. Even in legal cases (Article 96), judicial authorities are obliged to refrain from publishing images and specifications as much as possible and use it only as a last possible solution. In addition to the fact that there is no provision in legal and jurisprudential texts regarding "accusing the accused", this matter has been condemned and denounced many times by judicial officials. None of the bases and reasons used for this plan are so important that in the absence of legal bases, a prescription and a tool to violate the rights of the accused. 5.Selection of References Ebrahimi, Mojtabi (2015), “Reputation of the Accused from the Point of View of Jurisprudence”, Ahl al-Bayt Jurisprudence Quarterly , Year 22, Number 87, pp.206-226. [In Persian]. Javan Jafari, Abdul Reza; Nowrozi, Mohammad (2019), “Mediating the Identity of the Accused in the Preliminary Investigation Process; Opportunities and Challenges”, Judicial Law Journal , Volume 84, Number 109, pp.227-250. [In Persian]. Alizadeh, Ali; Adinewand, Salman; Maklai, Ahmed (2016), “The Effect of the Implementation of the Plan to Fight Against Thugs on Citizens' Sense of Security (Case Study: Pardis City) ”, Danesh Entezami Quarterly , Volume 4, Number 13, pp. 83-112. [In Persian]. Azimi, Korosh; Nazarinejad, Mohammad Reza (2019), “The Role of Law Enforcement Officers and Other Citizens in Facing Obvious Crimes, a Comparative Study with English and French Criminal Procedure”, Criminal Law Research Journal , Year 11, Number 21, Spring and Summer, pp.177-200. [In Persian]. Gholami, Hossein; Mojtahedi, Mohammad Hossein; Tahmasabi, Mohammad Hassan (2017), “Penalties for Publicity in Punishments (with a Comparative Approach to Punishments Based on Shame in the United States ”, Judicial Law Journal , Year 82, Number 104, pp.153-177. [In Persian]. Kazemi, Seyyed Sajjad (2021), Criminal Procedure , first Edition, Second Edition, Tehran: Majd Publishing. [In Persian] Mohammadi, Hamidreza and Salim, Tahira and Arefnia, Taybeh (2018), “Investigation of the Dissemination of the Checkered Image of the Accused in the Stage of Preliminary Investigation of the Crime Based on the Normative Theory of Religious Media”, Two Quarterly Journals of Cultural and Social Studies of the Field , 3rd Year, 6th Edition, Autumn and Winter, pp.107-133. [In Persian]. Moradi Hasanabad, Mohsen (2013), “Television Coverage of Proceedings in Criminal Courts”, Judicial Law Journal , Year 78, Number 87, pp.145-163. [In Persian]. Mirshkari, Abbas (2017), “Exceptions to Image Rights”, Comparative Law Studies , Volume 9, Number 1, pp.451-472. [In Persian]. Mouruthi Dargah, Mohammad; Yousufian Shurdeli, Behnam (2021), “Consolidation of the Rule of Law Through Invalidation of Investigations and Invalidation of Evidence”, Research Journal of Criminal Law , Year 12, Number 24, Autumn and Winter: pp.318-293. [In Persian].
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