Insult and obscenity in the laws of Iran

Insult and obscenity in the law of the Islamic Republic of Iran

Today, due to the daily problems that the people of our country are facing, the threshold of tolerance has decreased and with the slightest problem, people begin to express their dissatisfaction in the form of obscenities and insults to the other side, but it should be known that in sentences and The words that we use during the day and in different situations will be prosecuted if it offends the other party and is a clear example of obscenity and insult, and the person who has been insulted tries to restore his dignity .

What is the example of determining insult and obscenity?

Insult or obscenity is the same speech, action or writing that causes the other person to be humiliated and annoyed so that these actions are done completely intentionally and not in an involuntary state or in sleep and drunkenness.

How is it determined that the word or sentence used is considered an insult?

Insults or obscenities are usually spoken or written, but this is not always the case. Body and non-body can be done which is against the custom of the society and causes annoyance to the other party.

Punishment for insult and obscenity in the laws of the Islamic Republic of Iran_Ali Mohsenzadeh Law Office
Punishment for insult and obscenity in the laws of the Islamic Republic of Iran_Ali Mohsenzadeh Law Office

According to the laws of the Islamic Republic and in the fifteenth chapter of the penalties and deterrent punishments with the title of insulting the dignity of individuals, the issues of insult and obscenity are addressed.
In Article 608 of the Islamic Penal Code, any insult or obscenity to an individual or individual, if it does not cause qazf, includes the punishment of 74 lashes or the payment of a fine of fifty thousand to one million rials.
It is worth mentioning that due to the low amount of fines, many people, knowing about this issue, commit obscenities without observing the limits and etiquette, and by paying a small amount in court, they work freely, which caused many people to protest. Has been.

What behaviors and statements are considered insults and have judicial value?

The condition for insulting depends on the person’s unusual behavior. This can be verbal, or throwing an object like an egg at someone or pushing someone, and just shouting or expressing anger without using insulting words or sentences. , Is not considered an insult and in general it can be said that how to recognize an insult or obscenity depends on the cultural and customary conditions of society.
But the customary condition of insult should be such that it is considered a crime and only the rudeness of individual behavior, such as not touching or rubbing or disrespecting, although in the custom of society is considered rude and insulting, but has no judicial value and is not considered a crime.

Is the crime of insulting everyone the same?

The question arises as to whether insulting any person with any position has the same punishment or not?
The answer should be no, in the laws of our country, insulting people with different personalities and with different positions has different punishments, for example, insulting government officials of the Islamic Republic while on duty and depending on their position, including 3 to 6 The month of imprisonment or payment of a fine is from 50 to 1 million tomans of money or 74 lashes.
Insulting the Supreme Leader is an unforgivable crime and carries 6 months to 2 years in prison.
Insulting Islamic sanctities, including insulting the Imams, prophets and imams, etc. If it is subject to the ruling of the sub-prophet, it is punishable by death, otherwise it has 1 to 5 years in prison.

How to prove the crime of insult and obscenity and how to file a lawsuit

Punishment for insult and obscenity in the laws of the Islamic Republic of Iran_Ali Mohsenzadeh Law Office
Punishment for insult and obscenity in the laws of the Islamic Republic of Iran_Ali Mohsenzadeh Law Office

According to Article 160 of the Penal Code of the Islamic Republic, the method of proving a crime is testimony, confession of the offender, knowledge of the judge and oath in legal cases.
The knowledge of the judge is very important in proving the crime and it is possible to help the knowledge of the judge in judging the case by presenting documentary documents and evidences. Assist in court and before the judge in proving the guilt and punishment of the offender.
Many people collect documents such as recorded videos, recorded audio, text messages, and so on. They try to sue and restore the status, which can be said that this is not a definite way to convict the other person, but these documents can be used in court and these cases can be presented to the judge of the court.

How to file a complaint and follow up on the case

Insults and obscenities wherever they occur The court there has jurisdiction to investigate the case and should go to the court where the obscenities took place, but if it is reported to the police and complained to the police, which is usually the case. In such cases, people usually contact the police and bring their complaint to him, in which case the police station prepares a report and sends the case to the relevant court, and then the case is referred to the relevant branch, which There, the prosecutor or the investigator will review the case and ask questions about what happened and the reasons for the insult and obscenity of the other person. In the next step, you must provide your evidence and if you use the testimony of several people, this testimony. Submit the information to the prosecutor or investigator.

If the crime is found and attributed to the accused, the accused will be summoned to court. And in the presence of the accused, your accusation and complaint will be informed to him.
He is also asked to explain the subject of the case and how the crime took place, so that the accused person can explain what happened to the investigator or the prosecutor.
If a crime is committed and the accused is convicted, a security order will be issued according to Article 217 of the Criminal Procedure Code, and according to Article 262 of the Islamic Penal Code, the accused will be given a chance for a final defense.
If his act is confirmed as criminal, and he is convicted, a summons will be issued and an indictment will be issued in the absence of a dispute. In the next stage, the case will be sent to the 2nd Criminal Court for sentencing, and after the sentencing, there is a possibility for both parties to appeal.
Finally, the case is returned to the relevant court for execution and the case is sent to the Judge of Execution of Judgments.

6 October 2020
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