Iran’s Criminal Policy against the Bombing and Its Reformation Strategies

Document Type : Original Article

Authors

1 Assistant Professor of Yazd University

2 MA Student of Jurisprudence & Fundamentals of Islamic Law

3 MA of Jurisprudence & Fundamentals of Islamic Law

4 ssociate Professor of Yazd University

Abstract

Iran’s legislative system does not deal with criminalization of bombings explicitly and comprehensively. Only a few laws explicitly mention “placing explosives” in some industries. Iran’s legal system does not deal with criminalization of bombings explicitly and comprehensively. Only a few laws explicitly mention “placing explosives” in some industries. However, committing this criminal phenomenon in relation to other industries, devices and facilities used by the public and the environment is not subject to coherent laws. The purpose of this descriptive-analytical study is to analyze the approach of the current Iranian laws to bombing and to explain the relationship between the concept and examples of waging war against God, war against God and the state, enmity against God (Muharebeh) and corruption on earth or spreading corruption on Earth (Ifsad fi 'l-ard) and transgression and rebel or armed uprising against the government and the basis of the Islam with bombing (Baghi). Due to the lack of legislation in this regard, there are reasons such as the criminal capability of the bomb as a criminal device, the necessity of prosecute bombing attempt, coherence in the rules of destruction and criminal arson and full protection of all industries, energy resources and the environment, clarify the need for independent criminalization in this regard. The new penal policy can design a reasonable and appropriate punishment system by separating the types of bombings based on the type of bomb, the subject of the crime and the characteristics of the perpetrator, and the time and place conditions.
 

Keywords

Criminal Law Doctrines
Volume 16, Issue 18 - Serial Number 18
January 2020
Pages 387-416

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