نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In recent years, some cases of insulting ethnic groups, religions have been the beginning of creating tension and violence in the society and have disrupted public order and security. In 2020, with the concern of maintaining national security, by inserting Article 499 bis to the chapter of crimes against the country's internal and external security, the legislator criminalized insulting Iranian ethnicities and religions as specified in the constitution. Regardless of the necessity or lack of necessity of a criminal response regarding insulting religions and ethnicities, it seems that the criminalization is security oriented.Considering the extension of restrictions and strictures regarding crimes against security to the aforementioned crime, the vagueness and interpretability of the act of insulting religions and ethnicities, the development of the subject of the crime by not determining the objective rule, as well as the absolute criminalization of the mens rea of the crime, the legislator in The approval of this article had a security-oriented approach. Criminal policy by not focusing on criminal response with zero tolerance and by using cultural, religious activities by government institutions, especially radio and television and non-governmental organizations, as well as religious scholars, can be inclined towards the use of non-criminal solutions in order to prevent the occurrence of this crime and reforming the perpetrators as well as paying attention to the rights of the victims.
کلیدواژهها English