نوع مقاله : مقاله پژوهشی
1 پژوهشگر حقوق اساسی، پژوهشگاه قوه قضائیه، پژوهشکده حقوق عمومی، تهران، ایران
2 استادیار گروه حقوق، دانشکده حقوق، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران (نویسنده مسئول)
عنوان مقاله [English]
The criminalization or non-criminalization of political activities shows the approach of the political system and the government in dealing with adversity and political criticism towards itself. Systematic and comprehensive analysis of Iran's legal system shows that the field of citizens' activities sometimes fluctuates towards "freedom" and "crime" and that is two "political" or "security" crimes, and this main issue emerges. It determines when the citizen's freedom is bound to the field of "crime" and basically gets a political and security description. In the meantime, what seems to be the main question of this research and the challenge of Iran's judicial system is what is the correct criterion for distinguishing political crime from security crime, so that in the light of it, the ambiguity and inadequacy in the field of distinguishing political crime from security crime can be resolved.Therefore, the present article, with a descriptive-analytical approach, while examining the political crime cases and paying attention to the documents as well as the legal aspects, examines how the Iranian criminal system deals with them and even if possible, presents a fair criticism. The result is that, although the quality of the crime seems to be a suitable indicator for differentiating political crime from security crime, but the totality of subjective criteria, mental, and public opinion can be considered as "accumulation of suspicion".