نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارآموز وکالت و عضو مرکز وکلای قوه قضاییه _ کارشناسی ارشد فقه و مبانی حقوق.
2 الهیات-حقوق و الهیات-شهید باهنر کرمان-کرمان-ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In Iranian law, the need to form a jury in political and press crimes is enshrined in Article 168 of the Constitution, but there is not much legal literature on the need for compliance or non-compliance of the trial court with this institution. The jury in dealing with judges in press crimes and its place in the legal system of our country to be addressed. The results show that
.1 The anticipation of a jury in terms of constitutional rights can be justified in two ways: a. It enables the participation of the people in the judicial process, especially in political and press crimes that have a public aspect. b. The executive branch guarantees the impartiality of the plaintiff. 2. The court is obliged to comply with the jury's view of innocence because the jury's opinion is based on the principle of innocence. Follow the principle of legality of crimes and punishments. Therefore, if the jury is guilty, the court can acquit on the basis of the legality of the crimes, because it is bound by the law.
کلیدواژهها [English]