The crime of propaganda against the system and the factors causing this crime are among the most difficult issues that can be considered and analyzed from the logical analysis of this rule to identifying the hidden concept in criminalizing this behavior. To define and analyze the proposal and to obtain a comprehensive definition, one must follow the logic and identify the components of the hypothetical or affirmative composition and, based on this rule, it is necessary to select the advertising word as the essential element for it. phrase.
What always comes to mind from the word “advertisement” is the definition, praise and positive charge of a phenomenon to increase demand and attract applicants or to claim the cause raised by the target community even in defining the future. From negative ads to attention, distance and distance from the content of the ad cannot be seen. Therefore, the prevailing concept of advertising is given in reference dictionaries: the transmission of the benefits of something, someone or the opinion of others: advertising goods, election advertisements, party advertising, the delivery of news that the word exaggeration is included in the additional concept in the tariff. From the same source
With this definition, the idea of propaganda against an institution or anything else is not consistent with logic, apart from this logical objection to the way Article 500 of the Islamic Penal Code is regulated, the only assumption is that a person by adopting behavior that fits the definition of Propaganda commits criminal behavior against the system. (The diet) becomes political) When a person promotes the interests of groups and organizations against the system with his actions and behavior, in such a situation, the possibility of committing such a crime has many different examples, but if the behavior and discourse of the citizen is raised. In the definition of fair and responsible criticism, such behavior cannot be applied to the commission of an offense due to Criticizing the government and the political administration is one of the basic political rights of every citizenTo support such an explanation, we can point to an important example from the press law
Article 3 – The press has the right to publish opinions, constructive criticism, suggestions and interpretations from people and authorities in line with Islamic standards and the interests of society. Opinion – Constructive criticism is conditional on obtaining logic and reason and avoiding insult, humiliation and destruction..
Constructive criticism is conditional on possessing logic and reason, and avoiding insult, humiliation, and destruction, which is fundamentally different from propaganda against the regime, and even in cases of doubt, constructive criticism and propaganda against the regime, according to Article 37 of the Constitution. It is based on the principle that the accused is considered innocent
Propaganda against the regime of the Islamic Republic of IranAn example of offenses against public safety and comfort is the subject of Article 500 of the Islamic Penal Code. With regard to promotional activities, one should consider the categories of actions that are defined as criminal behaviour. Is propaganda against the regime with the intention of subverting the entire regime of the Islamic Republic of Iran a criterion for criminal behavior, or is this consequence and criminal intent not necessary to commit a crime? And if the proposed article in diagnosing this criminal behavior is subject to discussion, then it should be said that this crime is part of the total number of crimes, so there is no need for a result to realize the crime. The intention to overthrow the system, which is just propaganda activity against the system as an example of criminal behavior, such a definition is the Achilles heel and the basic challenge in considering some behavior as propaganda against the system, and this type of definition is: contrary to the principles and rules stipulated by the law, the punishment must be observed, Because in the definition of criminal law the principle is narrowly defined and in favor of the accused it is only an activity and it is also emphasized that advertising cannot be considered as an activity. Criminal behavior, legal theory The intent to overthrow the regime is essential to the realization of this crime.
In addition to the need to pay attention to the principles contained in the interpretation of Article 500 of the Islamic Penal Code, given that this criminal title is specified in the section on crimes against the internal and external security of the country, such as the presence of intention. In the criminal act and the intent to commit the crime by implication.
Therefore, what the judge must consider when determining the right and time to carry out criminal proceedings is to comply with this clause and comply with the principles governing the interpretation of criminal laws based on the principles of the Constitution. With regard to the rights of the nation, individual freedoms, social and fundamental rights of individuals, including Article 24 of the Constitution, the Islamic Republic of Iran is free to express its content. This is a violation of the constants of Islam or public rights, and Article 27 of the constitution allows the formation of assemblies and processions without carrying weapons, without prejudice to the constants of Islam. From all the points mentioned, a clear result is obtained in the investigation of the crime of propaganda against the system. The presence of intent to destroy is one of the main factors and elements in the formation of criminal behavior, and proving this intent is essential in determining the charge against the accused.
Shiraz Attorney
