Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Sep 2017)

Negative Political Crime: Overview on new approach to political crime meaning

  • منوچهر توسلی نائینی,
  • arin ghasemi

DOI
https://doi.org/10.22054/jclr.2017.7607.1131
Journal volume & issue
Vol. 6, no. 20
pp. 69 – 103

Abstract

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Political crime, regardless of common meaning of crimes against the state which has been discussed more in the legal system of Iran, includes another class of crimes which is committed by the state and agencies against the citizens’ fundamental rights. Such class, by ethical evaluation, shall be called the negative political crime. Criminalization of a deed as a political criminal, based on article 168 of the Constitution, causes the public trial to be held at the presence of jury. Such a significant issue leads to the judgement of public opinions regarding the process of trial and prevents its failure. Moreover, it causes the public awareness about the violation of fundamental rights which might be committed by the political streams which are in the state institutions. Hence, citizens will be able to make more accurate decision about their political rights and the right of self-determination considering the political streams.

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