نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 استادیار بخش حقوق دانشکده حقوق، علوم سیاسی و تاریخ دانشگاه یزد. ایران
2 دکتری فقه و حقوق جزا دانشگاه میبد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Article 697 of the Islamic Penal Code (Taazirat Section) is the legal reason for the general form of defamation. The mental conditions of the perpetrator of this intentional crime (the awareness and the intent) have been always disputed from different angles by judges and writers. The degree of conformity of the issue of "Attaining awareness of perpetrator to the falsehood of the relation he has given to another or published it" with the Qur'anic and narrative teachings, "Necessity or non-necessity of attaining intent to harm" and "The impact of the unexpected behavior on the mental conditions of the perpetrator of defamation" These are three issues that this research, uses library resources and comprehensive systems of laws and regulations and judicial opinions, has dealt with them in a descriptive and analytical manner and has provided suggestions for amending the legal article in question. according to this, the research concluded that "The necessity of attaining awareness of perpetrator to the falsehood of the relation he has given to another" is in conflict with the Qur'anic teachings and narrations that make people follow of awareness and severe avoidance of suspicion and respect for the dignity and dignity of servants God commands, there is no need to prove the intention of harm to perpetrator and the unexpected or non-unexpected behavior of the perpetrator, even in the position of self-defense before the judiciary, has no effect on the will and authority of the perpetrator and, consequently, the Intention of the perpetrator of defamation.
کلیدواژهها [English]
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