Announcing the publication of the defendants between the legitimacy of the procedure and the legalization of defamation – whispering of letters – ✍️ d. Al -Baqir Abdul Qayyum Ali
The legal texts in our country were not in previous alliances which neglect the extreme and dangerous effects which are organized by the announcement of the publication of the accused (fugitives), and therefore strict controls have been developed which prevent the sliding of this procedure in a tool of oppression or a means of systematic defamation, because the legislator has a golden basis that the announcement of the publication can cause of the individual who announces the publication of his announcement which can publish his publication can provoke an eloching damage to the reputation of the individual who announces the publication of his announcement which has announced his publication can cause an eloching damage to the reputation of the individual who announces the publication of his announcement which can publish their announcement can cause an eloque Harnaf excitement does not fall in the future, even if its innocence is proven later This one who ignores flowering, and the personalities of the characters for known reasons or to satisfy their sick souls, and from this point of view, the orders were tightened in this procedure, which is considered in the state.
It was not even authorized for the judge of the Great Court (that is to say local), and it is able to impose the maximum sentence, which is the death penalty, to pronounce the publication order for an accused announcement, and it is a fortification of the privacy of individuals and their protection against defamation. Consequently, this right was limited to a very close space, within the framework of the discretionary authority of the judge of the Supreme State or to the Head of Supreme Pursuit in the State, in a legal gesture which indicates a deep consciousness of the gravity of this procedural course. It was not a formal precaution, but rather the essence of the protection of individual rights and a guarantee of the probable presumption of innocence, in particular in crimes based on suspicion and the presumption of evidence.
This is why the publication of an announcement of a fugitive accused is only made after the realization of an escape, not a belief, or only for not controlling and bringing him, and the supreme judge or the supreme prosecutor must be certain that the police have exhausted all their means and efforts to arrest the accused, and he became a means of publishing.
Unfortunately, this rational legal understanding is often absent, and this absenteeism came after certain devices or those who manage them in the politicization marsh, or the use of revenge of procedures.
We are witnessing the publishing in newspapers because he publishes advertisements, without taking into account the impact of this on the reputation of individuals and their families, and has never taken into account their constitutional rights, because the defamation of the accused, before proving his conviction is not only a legal violation, but is considered as a moral, precious and social violation, and will not destroy confidence in the institutions of justice later.
We want a legal fatwa from all specialists. Is it allowed to publish the open and exhibited media in the absence of paper newspapers?
If the legislator authorizes publication in paper newspapers under the law, the expansion of this to include open media such as digital platforms and social media? .. This is a dangerous question, because the new editing means are not controlled by clear legal criteria, and their content can be copied and glued to ambassador spaces exposed and spread, adding and deleting them according to the atmosphere, which makes their impact broader, damage and its spread more quickly.
Consequently, any in -depth explanation of the concept of complete publication of these media requires an explicit legislative amendment which controls this expansion, or a legal fatwa of the authority of the court, such as the Ministry of Justice or the Constitutional Court showing the limits and guarantees of this procedure, without leaving the atmosphere of the executive authority.
There is a part there which has published an advertisement of a well -known accused of the address, which has a well -known phone, and it is within the country, and its legal agent is accredited to the authority which made the publication decision, but the police at a given moment hid the proxy for something in the same Jacob, which raises fundamental questions on the measurement of respect for the city, and the constitution of the guarantees in the field of the transaction Individuals, if the city is present, and the city is the city, and the city of the city is the city, and the constitution is official control of the militia control, so that this accused cannot leave for fear of his life, it is therefore reasonable (law and moral) to deal with the treatment of (the fugitive)?! And has the fear of life become an unusual excuse?! .. All these questions are legitimate that arise, and you need an explicit answer.
And if the authority that has published the same publication does not dare to enter this city for the same reasons, then with a legal or moral logic, the accused endured what he could not do?! And if it is possible to communicate with the accused, or through his legal agent in the safe city, then what is the need for this satellite procedure?! , These practices empty the law of its soul, its content and its transformation of a tool for justice into a means of injustice and defamation, and this case will announce to fulfill end details in the near future, and we ask the judicial authorities a strong break, and a strict examination of the legitimacy of these decisions and their deep effects on rights and releases.
What was written was not a story of the weaving of the imagination, nor of the pure legal reflections received on cold paper, but rather an honest reflection of a painful reality whose chapters are under the hearing and poor conscience in the dignity of the procedures, when the name of the defendant is known as the title and the agent, and it is not even given the possibility of making the God, even if the telephone, but does not apply, mais ne s’applique pas, et est exposée, et dieu, même si le téléphone, puis la loi ne s’applique pas, mais ne s’applique pas, mais ne s’applique pas, et ne s’affiche pas, et dieu, même si le téléphone, puis la loi ne s’applique pas, mais ne s’applique pas, mais ne s’applique pas, et ne prévoit pas de dieu, et de dieu, et de dieu, et de dieu, et de dieu, et de dieu, et de dieu, et de faire dieu, and to make God, and of God.
It must be resettled by the link of criminal procedures in all the judicial corridors, especially those related to the announcing of the accused of publishing, and this matter has become an unbearable necessary, and legal reforms must be completed with the reform of (frames) that undartakes the implementation Of the Law, the Downs of the Effects of the Antiquities that their Decisions Leave, and these frames must be trained to understand the Wisdom of the Text Legal Must Remain and it is (each innocent accused to prove his conviction), and these procedures that affect the reputation and dignity of the accused should not be administered Invisible that he works to investigate for unknown reasons, and to intentionally hide key information, but it was clear to everyone and we announced it later.
And God is at the origin of intention, and He guides the same way
