Document Type : Original Article
Authors
1
Assistant Professor of Law, Faculty of Humanities, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran, Assistant Professor and Faculty Member of Shahrekord University
2
PhD student in Criminal Law and Criminology , Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran
3
Assistant Professor, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran
Abstract
Crimes against chastity have always been considered as the most challenging crimes in the criminal law of Iran and have been changed in substantive and formal laws since 1304. Examining whether these crimes are measurable and whether there is a criterion and criteria that crimes are contrary to Recognize chastity from other crimes or other actions and behaviors is the subject of this study. In crimes against chastity, there is a limit due to the exclusive nature of crimes and the comprehensive definition and obstacle of rules and criteria. However, in the case of crimes against chastity, it can be said that standardization is ambiguous, but ugliness of action, public aspect of action, and being immoral, good and shameful can be the most important criteria in recognizing these crimes. Crimes should not be ignored. Therefore, in the current law, the criterion for determining the crime is the illegitimate relationship between the holy Shari'a of Islam and the custom of society, and regarding custom, it has been mentioned before that when a custom is cited, there is no text and if there is a text, one cannot refer to custom. But in general, it can be said that having a public aspect, being ugly and being shameful can be criteria and standards of crimes against chastity.
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