Analysis of the Position of the Jury in Press Crimes with Emphasis on Its Consultative Nature in the Iranian Legal System

Abstract

Adjudication of press-related crimes is of great significance due to their direct connection with freedom of expression and the fundamental rights of citizens. One of the most important mechanisms envisaged in the Iranian Constitution to guarantee fair trial in this domain is the institution of the jury. Nevertheless, in practice, the role and authority of the jury in the Iranian judicial system have always been a matter of debate and controversy. This study, adopting a descriptive-analytical approach and relying on library sources, examines the historical evolution and current position of the press jury and analyzes the consultative nature of its opinions. Findings indicate that the verdicts of the jury in Iran are not binding and merely have a consultative character. Although this feature reinforces the independence of the judge, it has, in practice, weakened the actual function of the jury as the representative of public opinion. Therefore, in order to enhance the position of this institution and improve its efficiency, it seems necessary to revise ordinary laws and reform the structure governing the selection and powers of jury members.