نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران (نویسنده مسئول)؛
2 استاد گروه حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران؛
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Political crimes are important legal and political issues with scientific, legal, and jurisprudential support for distinguishing them from general/non-political crimes. Article 168 of the Constitution of the Islamic Republic of Iran, recognizing a political crime, explained it and handed over its executive regulations to the ordinary legislature. The negligence of the ordinary legislature for about four decades led to the non-implementation of the relevant rules and the leniency regime against political criminals during these years. Finally, in May 2016, the political crimes act was approved. Since the distinction and identification of political crimes from ordinary crimes are necessary to implement its arbitrary rules, the study of the position of political crime acts in this regard is the main topic of the present article, which was performed using a descriptive-analytical method. The results indicate that this act in its main mission, providing a precise method or criterion for distinguishing political crimes from non-political ones, is challenged. Thus, there is a need for some improvements to include clear and real examples of political crimes under this title and benefit from the leniency regime, and it should distance from the extreme narrowing of the scope of political crimes, which has been adopted along the security-oriented criminal policy and eliminate the institutionalized doubt of the judicial system in enforcing the relevant rules.
کلیدواژهها [English]
http://www.alef.ir/news/3991112094.
https://www.farsnews.ir/tehran/news/13990902001188.