Document Type : Original Article
Authors
1
PhD student, Department of Criminal Law and Criminology, Damghan Branch, Islamic Azad University, Damghan, Iran
2
Assistant Professor, Department of Law, Damghan Branch, Islamic Azad University, Damghan, Iran (corresponding author)
3
Assistant Professor, Department of Law, Damghan Branch, Islamic Azad University, Damghan, Iran
Abstract
In relation to crimes against security, it can be said that Sharia standards should be taken into account in the formulation of the law, but in some cases the legislator has deviated from these standards, which can be seen in the crimes of sedition and muharibeh. There are those who after the Islamic revolution entered the criminal laws of Iran as required by the fourth article of the constitution. As a result, in Iran's criminal law, in many cases, the legislator pays more attention to carrying a weapon than to the rule of law for the validity of the title of moharebeh or corruption in the land. It has paid attention to the perpetrator's intention to confront and conflict with the system or the effects of his actions in hitting the system, and in other words, one of the two objective or kind and subjective and personal rules in damaging the system has been taken into account. has used moharebeh. The research method in this article is descriptive-analytical. In this article, an attempt has been made to answer this question, how is the pathology of Iran's criminal policy in the realm of crimes against security? be answered It seems that in recent decades, the field of criminalization of crimes against security has undergone important changes. However, Iran's criminal policy has not seen an important change in the field of criminalizing crimes against security. The purpose of this article is to examine the pathology of Iran's criminal policy in the realm of crimes against security
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