نوع مقاله : مقاله پژوهشی
کارشناس ارشد حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه علامه طباطبائی،دانشجوی کارشناسی ارشد حقوق و علوم سیاسی، دانشگاه روهربوخوم، بوخوم، آلمان
عنوان مقاله [English]
Freedom of expression, which is one of the fundamental human rights, is now persecuted and restricted by governments in various ways around the world. However, the existence of appropriate and favorable conditions and contexts for the exercise of this fundamental right is one of the most important factors in the growth and excellence of human personality and spiritual values. But at the same time, it should be noted whether this right is our ultimate goal or end or a means to the growth and excellence of the aforementioned concepts? What is striking at first glance is that the right to freedom of expression is a means to an end. Given these explanations, should it be seen that this fundamental right, like other human rights, is subject to various restrictions, or that the permit for unconditional resignation and its condition has been issued by the legislator in all circumstances? In this article, we have tried to recognize the relationship between freedom of expression and insult as one of its limiting factors in order to preserve and protect the dignity and spiritual personality of individuals on the basis of Article 24 of the Constitution of the Islamic Republic of Iran as a foundation. Recognition of this fundamental right as well as Articles 608 and 609 of the Islamic Penal Code (the fifth book of punishments approved in 1997) and articles of the Press Law should be examined. In addition, with the introduction of a new definition of this crime, the necessity or non-necessity of criminalizing such a criminal title, especially that which is prosecuted in the form of insulting government officials and employees, has been fundamentally reconsidered.