The challenge of Iran's criminal law with citizens' freedom of expression

Document Type : Research Paper

Authors

1 PhD student in Criminal Law and Criminology. at Islamic Azad University of Mashhad

2 Assistant prof. at Islamic Azad University of Mashhad

10.22099/jls.2023.44568.4792

Abstract

Freedom of speech is one of the most valuable rights in developed and democratic legal-political systems, which is one of the fundamental rights and basic principles. Any political system that proclaims freedom of thought must clarify its position against the value of freedom of speech. The important issue in the implementation of this right is the lack of clear definition of its scope and vulnerability by the government and its agents. In this article, with a descriptive-analytical approach to the library and documentation method, we are looking to analyze the relationship between Iran's criminal law and citizens' freedom of expression; To achieve this purpose by looking at the international documents and the constitution of Iran, the approaches that support and violate the freedom of speech in the criminal laws of Iran have been examined. It does not have independent and original rights, and in the same way, there are cases of its violation and defects in the criminal laws. In the Islamic Penal Code, there are general protections for aspects of freedom of expression, but these guarantees are not sufficient and comprehensive.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 07 July 2024

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