Roohollah Rahami; Fatemeh Mohseni Jeihani
Abstract
AbstractMany codes advocating public morals have been challenged during recent years. The decriminalization of immoral acts, as one of the most important aspects of modern criminal law, has been rooted in the arguments of scholars such as John Stuart Mill and Joel Feinberg on the state intervention in ...
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AbstractMany codes advocating public morals have been challenged during recent years. The decriminalization of immoral acts, as one of the most important aspects of modern criminal law, has been rooted in the arguments of scholars such as John Stuart Mill and Joel Feinberg on the state intervention in individual liberties. These scholars by developing freedom restricting principles have advocated a kind of minimalist criminalization in the sphere of public morality. Moreover, the international human rights law system, in an effort to balance cultural diversity and universal values, has endorsed public morality as one of the permissible restrictions on unrestricted civil-political liberties. In fact, following developments in the performance of governments in the field of public morality, the international human rights system, by providing a progressive interpretation of the principles governing criminalization, reject the legal moralism has attempted to defend a kind of rights-oriented criminalization that protects the rights and freedoms of vulnerable people.
arin ghasemi
Abstract
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 ...
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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.
