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The Contrast between Individual and National Security in Crimes against Security

Authors :
Jafar Yazdian Jafari
Source :
Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī, Vol 4, Iss 14, Pp 59-81 (2016)
Publication Year :
2016
Publisher :
Allameh Tabataba'i University Press, 2016.

Abstract

In this article I embark on the contrast between individual and national security in crimes against security. Crimes against the state can be divided into crimes against existence of state and authority of state. In these crimes the first victim is the state itself. Crimes against the security are located in the first category. In these crimes accused rights probably are violated by the state because the state cannot remain neutral. In this regard, firstly I discuss on the principals of criminal law about crimes against security and then its legality. Some scholars believe that public interest is a good pretext to violate the given rights but other scholars firmly assert that no pretext is welcomed. This research shows that the present criminal regulation of Iran followed the first approach which has progressed after the revolution (1979).

Details

Language :
Persian
ISSN :
23453575 and 24766224
Volume :
4
Issue :
14
Database :
Directory of Open Access Journals
Journal :
Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
Publication Type :
Academic Journal
Accession number :
edsdoj.94b858aadab94cb99e6c659ad857a495
Document Type :
article
Full Text :
https://doi.org/10.22054/jclr.2016.3954