نوع مقاله : مقاله پژوهشی
1 معاون دادستان و سرپرست دادسرای ناحیه یک شیراز، دانشجوی دکتری حقوق کیفری و جرم شناسی دانشکده حقوق دانشگاه آزاد اسلامی شیراز
2 کارشناس ارشد مدیریت اصلاح و کیفرهای قضایی(نویسنده مسئول)
عنوان مقاله [English]
Undoubtedly, one of the crimes we face in criminal courts today is the crime of defamation. However, in most of the cases filed after the preliminary investigation and the issuance of a summons to the trial by the prosecutor's office, the case was filed after the trial in the second criminal court, or in the same initial stage, with the argument that "the defendant will apologize." They have filed a complaint. ”They are facing a verdict of innocence or after the sentencing of the court of first instance and the defendant's objection to it, in the appeal stage with the same argument, it leads to the issuance of a verdict of innocence and ends. Rohet The present study, while examining this matter, is in fact a critique of the verdict issued by Branch 27 of the Tehran Court of Appeals regarding the lawsuit No. 9309970222700323- 13/03/1393, which, despite the sentencing of the accused by Branch 1004 of the General Criminal Court of Tehran, The offenders have issued the acquittal with the same reasoning as above. In view of the above and the explicitness of Article 697 of the Islamic Penal Code (Penalties) adopted in 1996, considering that the mentioned Article, including the conditions for the realization of defamation, is considered to be the crime of attribution and also the inability of the court to prove its claim. However, the question that comes to mind here is whether the explicitness of this article also applies in cases where individuals also file a complaint for the purpose of grievances?