The threat in Iran and United States of America criminal law

• Author: Mohammad Ali Mahdavi Sabet/Mohammad Mehdi Rahimi
• Pages: 91-100

The threat in Iran and United States of America criminal law

Assistant professor Mohammad Ali Mahdavi SABET1

PhD. Student Mohammad Mehdi RAHIMI2

Abstract

Iran criminal law a nd United States of America have considered the threat as a

crime and have imposed the penalty for it. The threat importance is considered in where that

from one side the persons and civilians in accordance with domestic laws a nd international

documents are involved very important right entitled of "Freedom of speech" and the

mentioned rights violation is associated with domestic and foreign criminal sanctions and on

the other hand, the expression of some words or commit a certain attitude with them and in

accordance with the same laws are prohibited and to be considered as the criminal threat.

However, the laws of both countries have adopted different approaches regarding the

circumstances realization of the mentioned crime and some of its examples, although in some

criminal threat characteristics such as lack of necessity to apply the means are unlawful and

have similarity in its intentionality. In order to detailed understanding of the similarities and

differences of criminal threats in Iran and America laws, which leads to the identification of

existing disadvantages and advantages and providing the strategies regarding the

deficiencies of the current laws and trends, so we are investigating the structure and threat

features in criminal law of both countries.

Keywords: criminal law, threat, loss, intimidation, assault.

JEL Classification: K14, K33

1. Introduction

The most technical and difficult governments' measure, is the

criminalization some of the citizens’ behaviors. On the other hand, to identify,

determine and explain criminal behavior is associated with difficulties with regard

to the principles of permissibility and contrary to the principle presumption of it and

on the other hand, crime-solving conflicts between legitimate of the legislator with

the legitimacy of criminalization by the legislature is not easy. Universal Declaration

of Human Rights Act 1948 and some confessions related have paid to describe and

explain human beings’ fundamental rights. Moreover, Iran's constitution in the third

quarter and the United States of America constitution and Bill of Rights have paid to

describe and explain these rights, which some of these rights such as the right of self-

determination and the freedom of expression right in both countries have supported

1 Mohammad Ali Mahdavi Sabet - Department of Criminal Law and Criminology, Faculty of Law and

Politics, Science and Research Branch, Islamic Azad University, Tehran, Iran, ali.mahdavi@srbiau.

ac.ir.

2 Mohammad Mehdi Rahimi - Islamic Azad University, Science and Research Branch of Tehran, Iran,

law.rahimi@yahoo.com.