The threat in Iran and United States of America criminal law

Author:Mohammad Ali Mahdavi Sabet - Mohammad Mehdi Rahimi
Position:Department of Criminal Law and Criminology, Faculty of Law and Politics, Science and Research Branch, Islamic Azad University, Tehran, Iran - Islamic Azad University, Science and Research Branch of Tehran, Iran
Pages:91-100
SUMMARY

Iran criminal law and 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 and international documents are involved very important right entitled of "Freedom of speech" and the mentioned rights violation is associated with... (see full summary)

 
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The threat in Iran and United States of America criminal law
Assistant professor Mohammad Ali Mahdavi SABET
1
PhD. Student Mohammad Mehdi RAHIMI
2
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 citizensbehaviors. 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.

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