Volume 1, Issue 1 (2021)                   clcm 2021, 1(1): 89-120 | Back to browse issues page

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1- Assistant Professor in Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran , d.mojab@modares.ac.ir
2- Ph. D. Student in Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran
Abstract:   (5876 Views)
The act of a political offender which is manifested in depicting the ineffectiveness of a governing structure or policy with a reformation motive and without violence requires a distinct legislative strategy and differential trial over ordinary criminals.
   In countries that have recognized the principle of freedom of expression, there has been no criminalization of political activities at all, but in countries where criminalization has done, penalizing in comparison to other cases especially with regard to security offenses, is balanced and distinctive.
   In Iran, after nearly four decades after the promise of the constitution to define political offences in ordinary law and how to investigate it, finally in 2015, the Law of Political Offence was adopted. However, on the one hand, the legal ambiguity about the definition of political offences and the explanation of its cases violates the "transparency principle" and has provided the basis for interpretability of legal articles and dispersion in judgments. On the other hand, judges' stereotype in considering any protesting behavior or speech of citizens anti-security due to legislator's high sensitivity to banning any act or statement of protest or critique of the sovereignty and also preferring the presumption of guilt and malice instead of the presumption of Innocence and prima facie by judges has become a serious obstacle in the way of differential investigation to political charges.  This research, in a descriptive-analytical way, explores the criminal policy of Iran with regard to political offence and its challenges using library resources.
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Article Type: Original Research | Subject: Criminal Law and Criminology
Received: 2020/03/30 | Accepted: 2020/11/10 | Published: 2021/04/4

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