Pages: 55-64

Abstract

The main feature of the intimidating crimes is that social damages and injuries such crimes inflict, and the devastating impacts they have on the social order and security, are more than the personal losses of these crimes, and the public view upon these crimes is different. In the criminal law of Iran, most of the intimidating crimes have been categorized under the frameworks of “Muharebeh” (breach of the peace especially in organized form, with or without the use of offensive weapons or firearms especially with subversive intentions) and “fasad-fil-arz” (corruption on earth). These two cases are among the jurisprudence subjects which have been entered into the Iranian Criminal Code after the Islamic Revolution and based on the requirements of the Fourth Principe of Constitution. Among the intimidating crimes, the acid throwing, serial killings, kidnapping, rape, bullying and armed robbery can be named. In such crimes, the people will be notified so soon, will forget so late, and in some cases, they never forget them. Due to the media attractiveness, the media also show considerable interest. Due to the reasons mentioned, the way the criminal justice system reacts to such crimes is much more sensitive and important, compared to the other crimes. Also, due to the effects such crimes have on distorting the public order and security, the pursuing measures will be faster and more decisive, and the punishments would be harsher. The maximum criminalization of the ‘Muharebeh’ and ‘Fasad-fil-arz’, due to their direct relation to the matter of security, is among the strategic principles of criminal and judiciary policies of Iran in the Field of Crimes Against Security. The legislator, in the process of criminalization and punishment, has tried to increase the risk of criminal acts for such crimes. The punishments for such crimes are either death or abasement. In the current study, the criminal justice policy of Islamic Republic of Iran in relation to the intimidating crimes would be evaluated and determined.

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