نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق.دانشکده علوم انسانی. دانشگاه بوعلی سینا همدان. همدان. ایران
2 کارشناس ارشد حقوق کیفری دانشکده حقوق و علوم سیاسی دانشگاه تهران. تهران. ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Introduction
The Islamic Republic of Iran, within the framework of its ideological and strategic principles, has consistently regarded the Zionist regime as a transnational threat to national security, regional peace, and the rights of the Palestinian people. In this path, legal and criminal tools have been considered part of Iran's confrontational policy arsenal. The primary objective of this research is a systematic analysis of the "Law on Countering Hostile Actions of the Zionist Regime" ratified in 2020 (1399 SH) as a concrete example of Iran's criminal policy in this domain. Accordingly, the present study seeks to answer the following questions: What are the legal, religious (Sharia), and security foundations for criminalizing these behaviors? How are the material and moral elements of the crimes envisaged in this law structured? And what legislative criticisms and challenges exist within the text of this law?.
Methods
This research has been conducted using a descriptive-analytical method. The required data were collected through library study and systematic review of authoritative sources, including legal texts, and criminal policy, scientific research articles, and related documents. the data were analyzed within the framework of theoretical concepts such as "criminalization," "confrontational criminal policy," "national security," and "international criminal law."
Findings
The examination of the aforementioned law reveals that Iran's criminal policy towards the Zionist regime rests on three main pillars: First, ideological and idealistic foundations such as the rejection of subordination, support for the oppressed, and justice-seeking, which are emphasized in the principles of the Constitution and the preamble of the law. Second, foundations in international law, including the commitment to maintaining international peace and security and confronting crimes against humanity, which it considers the actions of the Zionist regime to be in violation of. Third, national security foundations, based on which any connection with this regime is considered dangerous due to security threats, espionage, and economic-cultural infiltration.
In the economic domain (Articles 4 and 9), the law criminalizes any issuance of permits for the activity of institutions affiliated with Israel in Iran, as well as the import or transit of goods produced by it, prescribing imprisonment and deprivation from public services for the perpetrator. In the cyberspace and computer services domain (Article 5), the use of Israeli hardware and software platforms and the provision of services to them are prohibited and punishable. In the national security domain (Articles 6 and 8), any intelligence cooperation or espionage benefiting this regime is considered equivalent to Moharebeh and Efsad-e fel-arz (corruption on earth) with severe punishment, and any action aimed at confirming or strengthening the Zionist regime is also considered a crime. In the information exchange domain (Article 7) and cultural relations domain (Article 10), any political, media, cultural interaction, and travel to the occupied territories are criminalized.
Despite its relative comprehensiveness, this law faces significant deficiencies and challenges: 1. Ambiguity in definitions and delineation of crimes (especially the overlap of instances in Articles 6, 7, and 8), which could lead to inconsistent judicial interpretations. 2. Lack of proportionality in punishment in some articles (such as the same punishment for disparate behaviors in Article 9). 3. Prescribing punishment for an "inadvertent individual" in Article 5, which is incompatible with the established principle of criminal law requiring the "knowledge" of the perpetrator. 4. Absence of specified enforcement mechanisms for some prohibitions (such as the import of goods). 5. Lack of structural coherence and dispersion in the articulation of crimes.
Conclusion
The Law on Countering Hostile Actions of the Zionist Regime, as a document of confrontational criminal policy, demonstrates the determination of the Islamic Republic of Iran to proactively and preemptively use criminal law tools in confronting the Zionist regime and preventing its infiltration and the normalization of relations with it. Relying on multi-layered ideological, legal, and security foundations, this law encompasses a wide range of economic, cultural, cyber, and security behaviors. However, the highlighted formal and substantive shortcomings, including legislative ambiguities and executive challenges, affect the efficiency and justice-oriented nature of this tool. It appears that amending and revising this law with the aim of resolving ambiguities, establishing proportionality between crime and punishment, more precisely adhering to the principles of criminal law (such as the principle of legality and the requirement of knowledge), and specifying clearer enforcement mechanisms could significantly contribute to strengthening its legitimacy and effectiveness in achieving the stated objectives.
کلیدواژهها [English]
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