Why is the interpretability of the distinction between the first and the second article 598 of the Islamic Penal Code, the penal section, approved in 1375

Document Type : Original Article

Authors

1 phD student in Criminal Law and Criminology, Islamic Azad University, Yazd Branch, Yazd, Iran

2 Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, meybod Branch, Yazd, Iran.

3 Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, Yazd Branch, Yazd, Iran.

Abstract

The legislator has a high sensitivity towards the crimes committed by government employees and the violation of the rights of the treasury, so that sometimes some prescribed punishments are very heavy for people who are somehow attributed to the government in the sense of sovereignty. Although according to Article 173 of the Constitution, the interpretation of the law is the responsibility of the Islamic Council, but the judicial authorities can also give personal interpretations to what is close to the legislator's interpretation of the legal texts. But sometimes the legislator leaves the way for interpretation by using words similar to "other" and "like" and sometimes by removing similar sentences for the sake of brevity in writing legislation; However, this issue causes ambiguity in the text of the law and creates different interpretations. The thirteenth chapter of the Islamic Penal Code is the section on punishments as violations by government officials against the government, which in the first article of this chapter, under article 598, by including non-governmental organizations, creates a contradiction in the title of the chapter with the texts of the articles, but what causes different interpretations. becomes

Keywords

Political Sociology of Iran
Volume 5, Issue 6
August 2022
Pages 6677-6696

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