Evaluation of the repeated Article (608) of the Islamic Penal Code (Proposal of the Islamic Consultative Assembly

Document Type : Original Article

Author

Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.

10.48300/jlr.2024.401633.2363

Abstract

The diversity of ethnic groups, religions and religions is not a threat to national security, but an opportunity for the growth of groups, national development through interaction between them. Despite this, sometimes national identities and sacred things are insulted by individuals and cause public feelings to be hurt. The criminalizations and punishments manifested in general and special regulations are aimed at protecting the values hidden in the mentioned phenomena. The latest action taken in Iran's penal system is the proposal of the representatives of the Islamic Council under the title of repeated Article (608) of the Islamic Penal Code. Now the question is raised, how rich is the content of the said article and to what extent it solves the gaps related to the criminal aspects of this issue? The findings of this research, whose method is descriptive-analytical and the means of collecting its materials is a library, show that the adopted process is acceptable from aspects such as being bound to conclude the material element of the crime of insult to the above examples and determining the appropriate mandatory supplementary punishment. In spite of this, from aspects such as silence regarding the denigration of non-Islamic valid religions with the intention of social unrest, refraining from stating the legal person's competence in committing this behavior and the incomplete determination of the reward guarantee system, especially the failure to foresee the objective and specific aggravating qualities of the perpetrator's punishment, in It is open to criticism.

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