Public Law Studies Quarterly

Political Crime in Relation to the "Realities of the Political System"

Document Type : Article

Authors

Mohammad Lorinejad 1
Somaye Aghaei 2

1 Ph.D. in Public Law, Islamic Azad University Rafsanjan Branch, Rafsanjan, Iran

2 PhD student, criminal law and criminology, Ayatollah Haeri Yazdi University, Meybod, Yazd, ‎Iran‎

https://doi.org/10.22059/jplsq.2024.369894.3447
Abstract
Political crime is a function of the rational and legislative wisdom of the lawmakers of each era. Moreover, considering the principle of "the backing of law by social realities," various temporal and spatial conditions, as well as the circumstances of the political system, significantly influence the occurrence of political crime and the political system's approach to it. Although today, political crime exists in a pendulum between the right to freedom of expression and the liberty of criticism, as well as security offenses such as propaganda against the system and subversion, some countries fundamentally do not align with the concept of political crime at all. Regardless, the central issue of this writing is the relationship between the political system and political crime concerning three topics: "the occurrence of political crime," "the identification of political crime," and "the influence of the political system on political crime." This paper employs a descriptive and analytical approach, utilizing library studies to reach certain conclusions; among them is that the relationship between political crime and the inefficacy of the political system is aligned, while the concept of political crime itself is relative, fluid, and heavily influenced by the political system. This understanding also dynamically affects the scope of identifying political crime and the benefits afforded to the offender.

Keywords

political crime
security crime
political System
accumulation of crisis
the Political Crimes Act
Subjects

  1. English

    1. A) Books
    2. Ross, J. I. (2003). The dynamics of political crimes. Sage Publication. New York,
    3. Wright. R & Miller, J.M ( 2005). Encyclopedia of criminology Routledge. New York/ london
    4. Wyngaert, V. d. (1980). The Political Offence exception to extradition: the delicate problem of balancing the rights of the individual and the international public order. Deventer; Boston: Kluwer.

     

    1. B) Article

    4 .Argyle .M.and L.LU .(1990). The Happiness of extraverts. Journal personality and individual Difference.

    1. Delgado Maldonado, S. (2013). Political participation: An Implied condition for enduring peace in Colombia. Journal Internatinal law.
    2. Szabo. Denis, M. (1972). Political crimes: A Historical Perspective. Denver Journal of International Law & policy.
    3. Schafer, S. (1972). The concept of the political criminal. Journal of criminal law and criminology.

     

    References In Persian:

    1. A) Books
    2. Afshar, Z.A. (2019). Sociological investigation of the ineffectiveness of anti-corruption policies and programs. Tehran: Center for Presidential Strategic Studies (In Persian).
    3. Bhargava, Vinay, Emile Bellon, Gita (2009). The challenge of corruption in Asia: a case study and structure for anti-corruption action, translated by Alireza Dehim and Hossein Azim Bey, Tehran: Zaman Noo Publishing House (In Persian).
    4. Bahri, M. (2014). General criminal law. Tehran: contemporary view (In Persian).
    5. 4. Bashirieh, H. (2003). Teaching political knowledge. Tehran: Negh Masahez publishing house (In Persian).
    6. Danesh, T. Z. (2013). Who is the culprit? What is criminology?.12th edition, Tehran: Kayhan Publications. (in Persian)
    7. Gurji Azandriani, A. A. (2015). Legalization of Politics. Tehran: Khorsandi Publications (In Persian).
    8. Anbari, M. (2012). Investigating the grounds and solutions for promoting social vitality in Iran. Tehran: Publications of the Center for Strategic Studies of the Supreme Revolutionary Council (In Persian).
    9. Anbari, M. (2008). Examining the position, conceptual framework and challenges related to the quality (level and style) of life in Iran. Tehran: Supreme Council of Cultural Revolution Secretariat Publications (In Persian).
    10. Fazli, M. (2021). Iran's concern; Ways towards freedom, security and sustainable development. third edition, Tehran: Kavir Publications (In Persian).
    11. Fazli, M. (2019). Iran on the Edge of the Razor; Discourses of Political Sociology and Public Policy, 8th Edition, Tehran: Rosenh Publications (In Persian).
    12. Kahramanpour, Rahman (2016). A review of fourteen decades of reformism in Iran, Tehran: Rozeneh Publications (In Persian).
    13. Naderpour, Babak (2004). Freedom of thought and expression, Tehran: Office of Political Studies (In Persian).
    14. Delshad Tehrani, M. (1993). The prophetic series of practical logic, first volume. Tehran: Ministry of Culture and Publications: Printing and Publishing Organization (In Persian).
    15. Mousavi, H., Sohrabi, S., & Bahrami, F. (2017). An analysis on the efficiency of the political system in Iran based on studies and researches. Tehran: Governance and Society Empowerment Center, expert report (In Persian).
    16. Hampton, J. (2018). Political philosophy, translated by Khashayar Dehimi. Tehran: New Design Publications (In Persian).
    17. Noorbha, R. (2008). The field of general criminal law. fifth edition, Tehran: Ganj Danes (In Persian).

     

    1. B) Article
    2. Aghaei, H., Ahmadpour, A., & Soltani, A. A. (2019). Jurisprudential foundations of the political criminals' friendship regime. Fiqh and Usul Journal, 3 (52), 28-9 (In Persian).
    3. Shahcheragh, Seyyed Hassan, Hosni, Mohammad Hassan, Zulfiqari, Mahdi (2022). Iran's criminal policy for political crimes and its comparative study with the American legal system, Islamic Jurisprudence and Law Studies, 14 (27). 275-304 (In Persian).
    4. Sharifi, M. (2016). Legislative inadequacy of efficient jury in Iran's legal system, Majles and Strategy Quarterly, 100(26), 119-147 (In Persian).
    5. Rahmani, G. p. (2015). definition of political crime; The non-interested requirement of the Constitution, Public Law Studies, 4 (46), 929-955 (In Persian).
    6. Rahmani, G. p. (2017). A comparative study of the evolution of the concept of political crime in Iranian and Western law. Judicial Legal Perspectives Quarterly, (82), 83-111 (In Persian).
    7. Zare, A. (Bita). Political crime in comparative law. Journal of Judicial Research, (3), 84-121 (In Persian).
    8. Ghasemi Roshan, I. (2000). Social Factors of Crime. Marafet Magazine, (36), 5-18 (In Persian).
    9. Ghahrani, N. (1979). Political crime, the magazine of the Bar Association. available in the comprehensive portal of humanities (In Persian).
    10. Levasor, G. (1990). The issue of political crime in the rights of extradition of criminals. translated by Mustafa Rahimi, Lawyers Association magazine, new period. 241-288 (In Persian).
    11. Mousavi Mojab, S. D., & Nemati, M. (2021). Investigating legislative criminal policy for political crime; From the necessity of criminalization to the way of criminal response. Modares Criminal Law and Criminology Quarterly, (1), 1. 120_89 (In Persian).
    12. Motahari Fard, M. (2021). Prevention of political crimes and political riots. Scientific Research Quarterly of Political Transcendentalism, (9), 35. 171-190 (In Persian).
    13. Introduction of Mohammadi, A. H. (2016). The conflict of growth and redistribution policies in the political economy of the Islamic Republic of Iran. Political Science Research Journal, 4(12), 165-205 (In Persian).
    14. Hadavand, M. (Beta). Judicial supervision: conceptual analysis, basic developments (a plan for the development of administrative law and the promotion of judicial supervision). Constitutional Law Journal. 56_7 (In Persian).
    15. Nobahar, R. (2013). Political crime and classification of Hadd-Tazeer, Criminal Law and Criminology Research Journal, 1(3), 133-163 (In Persian).

     

    1. C) Thesis
    2. Agha Karim, N. (2005). Investigating political crime and its place in the Islamic Republic of Iran, criminal law and criminology thesis, University of Tehran (In Persian).
    3. Reza Oghli, S. (2018). Analysis of Iran's criminal policy in the criminalization of political crimes and its adaptation to international standards, Master's thesis, Ardabil Branch Azad University (In Persian).
    4. Aghaei Meybodi, H. (2012). Propaganda against the Islamic Republic system in Iran's criminal law, master's thesis in criminal law and criminology, Imam Sadegh University (In Persian).
    5. Mansourinia, Z. (2015). Basics of Criminalization in Political Crimes, Master's thesis, Shahid Bahonar University, criminal and criminology department (In Persian).
    6. Narimani Kanari, Y. (2009). Propaganda crime against the system of the Islamic Republic of Iran, master's thesis in criminal law and criminology, Mazandaran University (In Persian).
    7. Salman Al-Khafaji, A. J. (2016). Comparative study of political crime in the laws of Iraq and Iran, master's thesis in criminal law and criminology, Ferdowsi University (In Persian).
    8. Soleiman Fallah, M. & Zahedi, A. (2021). Political Crime In The Iranian Penal System And The Position Constitituational Civil Liberties In Criminiloging Political Crime. Humanities & Social Sciences Reviews, 9(3),1099-1112 (In Persian).
Public Law Studies Quarterly
Volume 55, Issue 3 - Serial Number 43
Autumn 2025
Autumn 2025
Pages 2153-2175

  • Receive Date 20 December 2023
  • Revise Date 02 March 2024
  • Accept Date 15 September 2024

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us