Jurisprudential and Legal Foundations and the Principles of Criminalization of Threat in Iran's Penal Laws

The criminalization of citizens' behavior is considered an exception to the norm and stands in contrast with fundamental principles such as the presumption of innocence and the principle of permissibility. The significance of this issue becomes particularly evident when criminalization both restricts the fundamental rights and freedoms of citizens and simultaneously creates opportunities for the authoritarianism of state powers. This concern is especially pronounced in crimes such as threats, which do not entail any tangible, actual harm to the recipients. However, a precise understanding of this matter necessitates careful examination of the jurisprudential and legal foundations as well as the principles governing the criminalization of threats. The most important legal foundations for the criminalization of threats include the harm principle, legal paternalism, and legal moralism. In this study, conducted using a descriptive-analytical method, it is established that although there is no explicit statement in the Imami jurisprudence regarding the foundations and principles of the criminalization of threats, the act of threatening can nonetheless be deemed impermissible when aligned with rules such as the prohibition of unjust intimidation, the doctrine of preparatory acts to unlawful conduct, and the concept of presumed guilt (tajarri).

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Publication Details

Journal
The Encyclopedia of Comparative Jurisprudence and Law
Published
2025-01-01
DOI
https://doi.org/10.61838/jecjl.143
Primary Topic
Economic Sanctions and International Relations
Type
article
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article

Jurisprudential and Legal Foundations and the Principles of Criminalization of Threat in Iran's Penal Laws

Mohammad Mahdi Rahimi, Kiana Hamzei Harandi, Saeed Samami
The Encyclopedia of Comparative Jurisprudence and Law
Economic Sanctions and International Relations
article

Jurisprudential and Legal Foundations and the Principles of Criminalization of Threat in Iran's Penal Laws

Mohammad Mahdi Rahimi, Kiana Hamzei Harandi, Saeed Samami
article en

Abstract

The criminalization of citizens' behavior is considered an exception to the norm and stands in contrast with fundamental principles such as the presumption of innocence and the principle of permissibility. The significance of this issue becomes particularly evident when criminalization both restricts the fundamental rights and freedoms of citizens and simultaneously creates opportunities for the authoritarianism of state powers. This concern is especially pronounced in crimes such as threats, which do not entail any tangible, actual harm to the recipients. However, a precise understanding of this matter necessitates careful examination of the jurisprudential and legal foundations as well as the principles governing the criminalization of threats. The most important legal foundations for the criminalization of threats include the harm principle, legal paternalism, and legal moralism. In this study, conducted using a descriptive-analytical method, it is established that although there is no explicit statement in the Imami jurisprudence regarding the foundations and principles of the criminalization of threats, the act of threatening can nonetheless be deemed impermissible when aligned with rules such as the prohibition of unjust intimidation, the doctrine of preparatory acts to unlawful conduct, and the concept of presumed guilt (tajarri).

The Encyclopedia of Comparative Jurisprudence and LawVol. 3(2)
Openalex Percentile: Top 72%
Economic Sanctions and International Relations
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Jurisprudential and Legal Foundations and the Principles of Criminalization of Threat in Iran's Penal Laws — Mohammad Mahdi Rahimi, Kiana Hamzei Harandi, et al. · The Encyclopedia of Comparative Jurisprudence and Law (2025) | TGRS Research Map | TGRS