Critique of political crimes in Iranian law and Islamic jurisprudence

Document Type : Original Article

Authors

1 PhD Student, Department of Law, Semnan Branch, Islamic Azad University,

2 Associate Professor, Faculty of Law, Damghan University,

3 Assistant Professor, Department of Islamic Jurisprudence and Law, Damghan Branch, Islamic Azad University, Damghan, Iran

10.30510/psi.2022.333457.3236

Abstract

Considering that all countries have been dealing with political crimes during their formation, and during the establishment and codification of general laws, they have also dealt with such crimes and have thought of solutions in this regard. In Iran, after the victory of the Islamic Revolution and the infusion of the Islamic spirit into the enacted laws, the legislature sought to pass laws that did not conflict with the rights of individuals and could provide what was in the best interest of the individual and the Islamic state. Despite this, the government does not pay much attention to this type of crime and it seems to be one of the most important crimes in taking care of the life of a system. , Has considered the type and reference of the proceedings, etc. And it is completely different from ordinary crimes. Also, in terms of the psychological element, the motive and its type are ineffective in investigating crimes. In political crimes, a benevolent and libertarian claimant causes the perpetrator to enjoy a series of privileges over the ordinary offender. In Islamic jurisprudence, fornication is considered as a political crime and in the definition of political crime, the concept of fornication has been used.

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