Volume 1, Issue 1 (2021)                   clcm 2021, 1(1): 27-59 | Back to browse issues page

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Hoseinjani B, Habibzadeh M J. Recognizing the Challenge of Applying Public Order in Penal Code of Iran; Identification of Indicators for Determining Public Order Offenses. clcm 2021; 1 (1) :27-59
URL: http://clcm.modares.ac.ir/article-44-38698-en.html
1- Assistant Professor, Faculty Member of the Institute for Comparative Law Studies, Institute for Humanities and Cultural Studies, Tehran, Iran , b.hoseinjani@ihcs.ac.ir
2- Professor in Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran
Abstract:   (2327 Views)
Public order is widely used in procedural and substantive criminal law of Iran, but its’ concept is not clear and transparent. Criminalization in field of disorder, Failure to specify the circumstances for its’ occurrence in Act and Lack of objective indicators and using personal criteria, When detecting offences against public order, are considered such as serious threat against rights and freedoms of citizens and they affect the principle of legality of crime and punishment in an undesirable way. Because the judge has no precise criteria for judgment when he hears a prosecutor's claim based on perpetration of public order offence. Some legal systems, for going out of this challenge, set forth Instances of offences against public order in penal code based on specific indicators.Their analysis will clarify the indicators for determining instances of public order offences.
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Article Type: Original Research | Subject: Criminal Law and Criminology
Received: 2019/12/4 | Accepted: 2020/05/18 | Published: 2021/04/4

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