Volume 14, Issue 2 (2010)                   CLR 2010, 14(2): 131-156 | Back to browse issues page

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Habibzadeh M J, Momeni M. Conspiracy against security in Iran Law. CLR 2010; 14 (2) :131-156
URL: http://clr.modares.ac.ir/article-20-1917-en.html
1- 1- Associate Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
2- 2- Ph.D. student, Department of Law, Tarbiat Modares University, Tehran, Iran
Abstract:   (13499 Views)
Conspiracy against security is deemed as one of the preventive crimes. In order to prevent the commission of some more serious offences against security, it has been criminalized. In this article, we shall review the relative regulations concerned to this offence with the parallel of religious standards and principals of criminal law. By taking into consideration the jurisprudicial sources including the Quran regarding “Zerar mosque” and the rule of “prohibition of assistance to religiously”, it is understood that the criminalization of conspiracy is quite acceptable but it can not be counted as one of the instances of “Moharabe”. Iranian criminal policy about conspiracy against security is not quite clear from different points of views. For instance, the amount of the provided punishment for conspiracy against security is more than the punishment for the commission of the original against security of state. This encourages the conspirators to commit the crime itself to enjoy a mitigated and lighter punishment. The absence of any mention of objective instance or material action in the act regarding the realization and establishment of the misdemean of conspiracy against security, would have the way for enter miss reading and understanding of this. Therefore, the reviewing of the respected legalization in Iran of the regulations of Article 610 of the criminal code for the purpose of it's compliance with the parallel of religious and international standards seem something inevitable.
     

Received: 2009/01/25 | Accepted: 2010/01/30 | Published: 2010/06/22

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