Feasibility Study on Criminalization of Judicial Comment of Famous People in the Light of the Principle of Freedom of Speech

Hoseini, Sayed Amrollah; Bashiri, Aref; Bashiri, Tahere

doi:10.22034/jccj.2024.457020.1562

Feasibility Study on Criminalization of Judicial Comment of Famous People in the Light of the Principle of Freedom of Speech

Document Type : Original Article

Authors

Sayed Amrollah Hoseini ¹

Aref Bashiri ²

Tahere Bashiri ³

¹ Associate Professor Department of Fiqh and Islamic Law, Faculty of Islamic Sciences and Research, Imam Khomeini International University, Qazvin, Iran. (Corresponding Author)

² Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Shahid Chamran University of Ahvaz, Ahvaz, Iran.

³ M.A, Imam Khomeini International University of Qazvin, Qazvin, Iran.

10.22034/jccj.2024.457020.1562

Abstract

In addition to having supporters, the plan also had opponents who considered it contrary to the principle of freedom of expression, and if the plan is approved, it will add an article to Article 512 of the Penal Code under the title "Repeated Article 512". In this article, which is written with a descriptive-analytical method, the feasibility of criminalizing judicial comment is discussed and its contradictions with the principle of freedom of speech are examined. The results of this article show that according to jurisprudence and legal standards, it is forbidden to express the judicial opinion of famous people, if it means negating the judge's ruling, based on the explicit text of the law. And if it causes questioning of the judicial system and discredits judicial decisions, it can take a criminal nature, as it is criminalized in the French criminal law with these restrictions.

Keywords

Judicial Comment

Freedom of Speech

Famous People

Repeated Article 512

Criminalization.