نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 استادیار بخش حقوق دانشکده حقوق، علوم سیاسی و تاریخ دانشگاه یزد. ایران
2 دکترای تخصصی فقه و حقوق جزا
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Defamation is one of the crimes against the spiritual personality of people, which has been in the list of crimes in our country for a long time. Currently, the legal document of this crime is Article 697 of the Penal Code of the Islamic Penal Code. Examining the judgments of the criminal courts regarding the crime of defamation indicates the difference of opinion of the judges regarding the conditions for the realization of this crime; In such a way that some of them, unlike others, consider defamation and insulting the victim's social dignity through "spreading the attribution of the crime" to him as a condition for defamation. The aforementioned disagreement can also be seen in the doctrine of criminal law. This article tries to present, using the descriptive-analytical method and the teachings of different sciences and a fundamental view, evidences and emirates in the conditionality of diffusion and show that the real property of the ruling in Article 697 of Tazirat is "defamation of another through attribution" The crime is against him. Finally, suggestions have been made in order to amend the discussed legal article.
کلیدواژهها [English]
)