Ambiguity in criminalization Deviant educational or propaganda activity that is contrary to or harmful to the holy law of Islam (Article 500 of the Islamic Penal Code approved in 2019)

Articles in Press

Document Type : Research Paper

Authors

1 Department of Law, Faculty of Law. Islamic Azad University, Mashhad, Iran

2 Department of Law, Faculty of Law, Ferdowsi University of Mashhad, Mashhad, Iran

3 Department of Law, Faculty of Law, Islamic Azad University, Mashhad, Iran

10.22034/mr.2023.15345.5516

Abstract

One of the most important principles of law writing in criminal law is to write the text of laws clearly and unambiguously. In Iran's legal system, the legislator for the first time in 2019, in Article 500 of the Islamic Penal Code, criminalized "educational or deviant propaganda activities that are contrary to or harmful to the holy Islamic law" by using mind control methods and psychological inductions. And by using vague and sometimes general terms, in addition to creating the basis for the confusion of the courts' opinions and the wandering of the judicial criminal policy, it caused the general principles of criminal law to be violated in some cases. The current research was conducted using a combination of library and field data and sought to find the answer to what are the frequent ambiguities in Article 500 and how can they be resolved? After re-reading the ambiguity, according to the results and data obtained, it is necessary to revise and revise the criminalization of educational or deviant propaganda activity that contradicts or disrupts the holy law of Islam.

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Main Subjects

Majlis and Rahbord

Articles in Press, Accepted Manuscript
Available Online from 31 August 2024

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