Feasibility study of criminalization of some examples of vandalism in using some jurisprudential capacities of the Constitution and the Islamic Penal Code of 1392

Subject Areas : Governmental jurisprudence

Dr. Seyed Mohammad Reza  Mousavi Fard ¹ (Assistant Professor, Department of Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran)

Received: 2022-05-02 Accepted : 2022-09-04 Published : 2022-03-21

Keywords: Islamic Penal Code, criminalization, Vandalism, Jurisprudence, Constitution,

Abstract :

Destructionism or vandalism means the uncontrolled destruction of valuable cultural objects and artifacts or public property, which is considered a social anomaly. With the current approaches of criminal law in Iran, this social anomaly has not been criminalized in all its cases. In this article, we seek to answer the question that vandalism can be criminalized based on the criminal jurisprudential capacities in the Constitution and the Islamic Penal Code. Descriptive-analytical method should be specified; According to Articles 677 and 588 of the Penal Code of the Islamic Penal Code 92, the perpetrators can not be considered a criminal offense. The principle of necessity of observing individual rights in criminal law in jurisprudential criminalizations, the principle of necessity of public order and maintenance of public property treasury, resolving conflicts of jurisprudential criminalization with the principle of legality of crime based on rational and legal approaches based on jurisprudential and legal capacities for crime Some jurisprudential instances of jurisprudence have taken steps.