نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشکده علوم انسانی دانشگاه دامغان
2 استادیار گروه حقوق دانشکده علوم انسانی دانشگاه دامغان، دامغان، ایران
3 کارشناسی ارشد حقوق دانشگاه دامغان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Protecting the dignity and spiritual personality of individuals, in balance with overarching public interests such as freedom of expression, is one of the challenges of contemporary criminal systems. The crime of defamation, as an area of this conflict, has been reflected in the laws of Iran and Iraq, despite their common jurisprudential origin, in the form of distinct legislative policies. In this study, using a descriptive-analytical method and a comparative approach, the findings show that in Iranian law, the crime of defamation has a dual structure: on the one hand, slander as a hadd crime is subject to hadd punishment, and on the other hand, ta'ziri defamation is divided into two types, verbal and practical, each of which has a separate punishment and is mainly non-custodial. In contrast, the Iraqi system has presented a different policy by separating personal defamation from legitimate (administrative and judicial) defamation, requiring "publicity", predicting a range of hierarchical penalties, and specifying obscenity cases. In Iranian law, like Iraq, the principle of not prosecuting a plaintiff on charges of defamation is simply due to the lack of proof of the claim (Article 34 of the Constitution and established judicial practice), and members of parliament enjoy judicial immunity in the performance of their representative duties (Article 86 of the Constitution). However, both systems face challenges; the Iraqi system, including ambiguity in the interpretation of “insulting events,” and the Iranian system, with a lack of transparency in cases of obscenity and the possibility of unnecessarily limiting the space for criticism. Finally, this article, by avoiding absolute preference for one system and taking a critical look at both, presents localized and reasoned proposals for reforming Iran’s legislative policy.
کلیدواژهها [English]
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