الملخص الإنجليزي
The relationship between media freedom rights and the proper conduction of
public lawsuit rights is extremely important and sensitive at the same time.
Sometimes it leads to reconciliation and synergy and at other times to violation and
conflict. However, in order to consolidate the values of the rule of law and achieve
justice, it is necessary to create a fair balance between these two rights to ensure their
proper functioning without excessiveness. This is achieved only through the creation
of a legal organization that is able to control publishing the facts of investigations and
trials where legislator envisages allowing the media to practicetheir freedom without
burdening their restrictions. To enable them to publish objectively the trial
proceedings in ways and conditions that do not prejudice the proper conduct of
justice or negatively affect it. Whereas absolute freedom leads to absolute corruption,
the presence of restrictions that limit and refine publication related to investigations
and trial facts do notcontradict the principle of freedom of media. On the contrary, it
preserves its freedom and ensures that it does not exceed it. Its deviation from the
principles of this freedom constitutes an entrance to domination and leads to
influencing members of the judicial authority and the parties involved. Moreover, it
is an attack on the principle of confidentiality of investigations and trials privacy and
the presumption of innocence along with the sanctity of individual's private life.
Hence, the need to organize and determine the criminal accountability for this type
of publication put emphasis on the responsibility related to the excess of freedom
and not to its practice.
