The value of the jury's acquittal opinion of the Press Court for proceeding and appeal (A comment on the judgment number 140006390000381005 dated 05/31/1400 issued by the 42nd Branch of the Supreme Court)

Document Type : Original Article

Authors
Hassan Mohseni 1
Fatemeh Safari 2
1 Associate Professor, University of Tehran, Tehran, Iran
2 M.A Penal & Criminology Law, University of Tehran, Tehran, Iran
10.22034/5.2.149
Abstract
In press crime, perhaps lower court acquit or convict accused based on jurie’s opinion. The conviction is appealable based on article 43 (3) of Press law 1986, but about appealable of acquittal (no guilty) the law is silent. Is that appealable based on general rules or legislator contemplated to special expediency? 42th branch of supreme court base on inference of 43 (3) of Press law 1986 and foundation of Press law, which is based on liberty of press, upheld acquittal judgment issued by lower court, a non-appeal judgment (final); a judgment that is conform to the nature press activities and liberty of press law.
Keywords
Press
Press Crime
Jury
Freedom
Innocence