نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Investigating the nature of political crime, the present article attempts to identify the constitutional criterion or criteria for defining political crime. It also raises the question of whether the Constitution of the Islamic Republic of Iran supports all political offenders or only those who, while recognizing the political system of the Islamic Republic, may criticize the government, its institutions, and the governing class. By studying the rationale and background of the separation of political crimes from public ones in both the West and Islamic thought, and by examining the criteria for recognizing political crimes, the article presents the preferred view on this matter. Distinguishing intra-system political crimes from extra-system ones, it concludes that a political crime in the Islamic Republic is an offence punished by a discretionary or preventive punishment. In such crimes, the offender commits one of the offences with statutory definition and examples, without intending to damage the principal foundations and frameworks of the Islamic Republic—namely, the official religion and school of thought, the establishment of the political system based on the unconditional guardianship of the jurisprudent, Islam, and republicanism. The article concludes with a single-clause bill offered as a legislative proposal.
کلیدواژهها [English]
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