نوع مقاله : پژوهشی
نویسنده
استادیار، گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات، دانشگاه علامه طباطبایی(ره)، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
According to Article 353 of the Criminal Procedure Law, it is allowed in the media to publish the proceeding and report of the case if it does not include the details of the plaintiff and the accused, their personal identity or their administrative and social status. This is despite the fact that the mass media publish their pictures in various stages of judicial proceedings, including the stage of court proceedings, by shading the faces of the defendants. The current research has examined the publication of these images from the perspective of rights. It should be mentioned that the information related to the background, legal evidence and the research results section was collected using the library documentary method and the data related to the measurement of the identification of the accused among the target groups was collected in an experimental way and for statistical data analysis as well. The statistical method of Pearson's correlation coefficient was used. According to the findings of this research, the publication of these images on television during the court proceedings is based on Article 353 of the Criminal Procedure Law, and according to Article 697 of the Islamic Penal Code, the punishments and deterrent punishments section approved in 1375, the punishments are except in cases where If there is a limit of one month to one year of imprisonment and up to 74 lashes or one of them, it will be according to the case. the hand, according to Article 175 of the Constitution, the publication of these images is against the committed mission of the national media in providing information and also against the principle of innocence. In addition, broadcasting such reports, considering the identity of the accused, violates the principle of personal punishment and imposes double punishment on the accused person and his family.
کلیدواژهها [English]
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