نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 استادیار بخش حقوق دانشکده حقوق، علوم سیاسی و تاریخ دانشگاه یزد
2 دکتری فقه و حقوق جزا، دانشگاه میبد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The article 697 of the book Taʿzirāt (discretionary punishments) of the Islamic Penal Code of the Islamic Republic of Iran Adopted on 1996 is the documented general form of defamation crime. The psychological condition of this intentional crime (knowledge and intention) has always been disputed from different angles by judges and authors. The degree of compatibility of the issue of “obtaining the knowledge of the perpetrator about the falsity of in the attribution given to another or published it” with the Quranic and narrative teachings, “necessity or lack of necessity of obtaining the intention of damage” and “the effect of non-reactionary behavior on the psychological conditions of the perpetrator of the defamation” are three issues that this research has been done by using library resources and comprehensive systems of laws and regulations and judicial decisions in a descriptive and analytical method and have been submitted some suggestions in order to amend the mentioned law. Accordingly, the research concluded that “the necessity of obtaining the knowledge of the perpetrator about the falsity of in the attribution given to another” with the Quranic teachings and narrations that command people to obey the knowledge and extreme avoidance of conjecture and the obedience of dignity and worth of the human person of God’s servants is in conflict and does not need to consider the obtaining the intention of damage to the perpetrator in order to prove the defamation and whether or not the behavior of the perpetrator is reactionary or not, even if the behavior of the perpetrator is not defending oneself before a judicial authority has no effect on the intent to commit defamation.
کلیدواژهها [English]
قرآن کریم
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