عنوان مقاله [English]
When the offence of the mere menace, is coupled with demand, it can be considered under blackmail. In the offence of blackmail, despite attaining demand on behalf of the offender is not a condition of committing the offence, but corresponding menace with the available demand is severely disturbed mental state of the victim and causing him or her to be confused and feared. Accordingly, measured dealing with this offence is essential. However, considering the approach of both Iranian and English legal system about the offence of blackmail, implies that Iranian legislator’s criminal policy, in comparison with English legislator, have some shortcomings. One of these shortcomings, is the lack of blackmail’s independence legal element, which may be controversial. Hence, in this article, it is tried that with analysis of blackmail’s physical element and mental element in both mentioned legal systems, some methods have suggested for rectifyingthe shortcomings ofthe Iranian legislator’s approach, such as considering independence legal element for the offence of blackmail and expanding the scope of threat.