نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Abstract
The freedom of assembly and demonstration is recognized as a fundamental right of citizens in the legal system of the Islamic Republic of Iran. Nevertheless, contemporary social experiences indicate that certain assemblies, particularly under conditions of political and social tension, may lead to emotional behaviors and the commission of crimes. This situation places the state's criminal policy in a challenging position between maintaining public order and security on the one hand and safeguarding fundamental freedoms on the other. This study aims to examine and analyze Iran's criminal policy toward emotional crimes committed during public assemblies and to identify challenges and improvement strategies.This research is fundamental-applied in terms of purpose and descriptive-analytical in terms of method. Data were collected through library and documentary methods, including domestic laws and regulations, published judicial opinions, legal scholars' views, and human rights documents related to freedom of assembly.Despite the constitutional recognition of freedom of assembly under Article 27 of the Iranian Constitution, Iranian legislation lacks an independent and explicit criminalization of offenses arising from assemblies, and criminal responses are mainly based on broadly defined offenses against internal security and public order. Judicial and executive practices face challenges such as legal ambiguity, expansive interpretation, and the predominance of a security-oriented approach.Iran's criminal policy regarding emotional crimes arising from assemblies lacks sufficient coherence and transparency, requiring legislative, judicial, and executive revision. It is recommended that the legislature take effective steps toward realizing criminal justice and protecting fundamental freedoms by enacting a comprehensive assembly law, establishing independent criminalization for emotional crimes, and emphasizing the restrictive interpretation of criminal laws.
کلیدواژهها English