نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه فردوسی مشهد، مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The prohibition of "Irjaf" and the determination of severe punishment and the emphasis on the tradition of dealing with "Morjafoon" in verses 60 to 62 of Ahzab are the jurisprudential basis of supporting the "psychological security of citizens" and complementing the crime of war as a guarantee of "material security of citizens".
Iran's legislator has taken into consideration the protection of the political system and government structure against both hard and soft damage by criminalizing "sedition" and "propaganda against the system", but regarding the people, by criminalizing "warfare". "He has only considered protection against severe harm and has remained silent regarding the harm to people's mental security.
The question is that there is basically a justification and necessity for criminalizing "media creation"?
To answer this question, this article is organized in two parts; In the first part, the Qur'anic reason for the rule of arjaf, the dignity of descent, epistemology, being transtemporal and trans-spatial, and the ability to infer rulings, and the relationship of arjaf with radio have been examined And in the second part, after examining the viewpoints against and in favor of the criminalization of media creation and their arguments, as well as analyzing and criticizing the elements of the crime of propaganda against the system and publishing lies, this idea is presented that guaranteeing the mental security of citizens - as one of the clear examples of public rights - requires separate criminalization in this field, and for this purpose, a draft legal article has been proposed.
کلیدواژهها [English]
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