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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   spring-summer 2017 , Volume - , Number 13 #g00639; Page(s) 193 To 223.
 
Paper: 

The Law of the Political Crime on the Basis of Article 168 of the Constitution of Islamic Republic of Iran

 
 
Author(s):  KHOSRAVI KAZEM, Asghari Abdu al Reza
 
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Abstract: 
The political crime in the current of the criminal procedures is following rules which differ from the common rules observing the common crimes. Today, for ideological political reasons-the presence of the freedom of thoughts-and considering the approaches of criminology and penology-attention to honorable motivation-, law scholars and legislatures of different countries have been far from the intense system and have tended to the moderate system. Over years and the silence and negligence without justification, Iranian legislature executed his responsibility which the article 168 of the Constitution of the Islamic Republic of Iran relating to the definition of the political crime has entrusted with codifying the law of the political crime in 1395. By considering special benefits and moderation in article 6 of this law, it seems that the legislature tries to pretend the establishment of a moderate system for the political but with using statements such as the provision “ lack of intent of perpetrators to strike the origin of Islamic republic of Iran” in the definition of the political crime in article1 and a limited range of the political crime (the limits of the political crime) in article 2 and also excluding a wide range of offences from including the political crime in article 3, he has enacted to restrict the realm of the political crimes illogically. This act of the legislature is not in harmony with what is called as the establishment of the moderate system against the political offenders.
 
Keyword(s): Crime,The political offender,The law of the political crime,Moderate,Intense
 
References: 
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