crime of insult and its punishment
crime of insult and its punishment : Insult, according to the relevant laws in the Islamic Republic of Iran, is considered to mean attributing an act to a person in a way that will lead to the reduction of his dignity. This definition generally refers to things that can lead to the destruction of the reputation of a person or institution. The punishment for this crime depends on various factors, including the type of insult (whether it is insulting ordinary people or legal entities).
Punishments vary based on these differences, according to Articles 608 and 609 of the Islamic Penal Code. In general, insulting ordinary people and insulting legal entities may bring different punishments.
To start the process of complaining and pursuing this crime, it starts with filing a complaint. This complaint is registered in the judicial services office and then sent to the prosecutor’s office. In the following, we will explain more steps of this process.
Insult and its types
Insulting means using rude and obscene words that most people use in confrontations. These words and expressions are used with the purpose of insulting and humiliating the audience. In addition to this type of insult, there is another form known as behavioral insult. This type of insult means a behavior or deed that somehow causes disrespect and humiliation of the other person. Insult is divided into two main categories based on the subject and type of crime.
Insult
The crime of blasphemy is a type of blasphemy that is briefly determined by religious principles. Unlike Ta’ziri blasphemy, which will be discussed in the next section, this crime has a fixed punishment. The remarkable thing about this crime is that any insult to imams, prophets, prophets, Islam and other sacred things is accompanied by heavy punishment. In the future, stay with us to learn more about the details of this crime and the related punishment.
Punitive insult
Punitive insult refers to the use of obscenity or the use of obscene words towards people who do not have a special status and position. Many social crises and exchanges of views have brought this kind of insult. It is interesting to note that the punishment for ta’ziri insult is less severe than simple insult. This difference in punishment shows the importance of distinguishing between different insults.
It should also be noted that if insults and cursing are committed against people with social positions and positions in the country, this act is known as aggravated insult. In this case, the punishment for aggravated insult is much higher than simple insult.
Elements of the crime of insult
The crime of insult, like other crimes that we have reviewed in various articles, consists of three main elements. These three elements include legal, material and spiritual elements, each of which is explained as follows:
Legal element:
The legal element refers to the articles and notes that the legislator mentioned in the law book. These articles show that insult crimes have fixed punishments and determine the boundaries and the way of legal follow-up.
material element:
If a person selfishly insults someone in his mind, a crime does not arise due to not expressing it in language. However, if the same person insults someone and utters it, the material element of the crime is realized and the person who commits the offense is considered to be an insult.
Spiritual element:
The spiritual element indicates a person’s intention to commit an insult. In fact, a person’s intention is important for insulting, and if a person cannot understand the content of his speech for any reason, then a spiritual crime does not arise. The spiritual element of the crime of insult is formed if a person insults his addressee with a specific will and intention.
Conditions for the crime of insult
In order to fulfill the legal aspect of the crime of insult, the following conditions must be carefully considered. In other words, if these conditions are not met, insulting is not considered a legal crime.
Not belonging to general groups:
Insults should refer to a specific person and should not refer to general groups.
Impact on a real person:
Insult should usually be related to a natural person and not to legal entities; Because insulting legal entities is not considered a crime.
Clarity of statements:
Offensive statements must be made in a clear manner and the interlocutor must be aware of the meaning of these statements.
Vitality of the contact person:
The offended person must be alive at the time of the incident; Otherwise, the matter will not be included in the offense of insult.
Proof of the crime of insult
One of the common questions for many users is how to prove the crime of insult. In response to this question, it should be said that the proof of this crime can be done using several methods, according to Islamic penal laws. These methods include the following:
Confession:
Confession of the accused to commit insult is one of the strong ways to prove the crime.
Witness:
The testimony of the people present about the insult event can also be used as proof of the crime.
The knowledge of the judge:
Recognizing the knowledge of the judge according to the presented evidence can also help to prove the crime of insult.
Oath:
The people present can support the process of proving the crime by swearing to the truth of the statements and information they provide.
Remember that two male witnesses are required to prove defamation and these witnesses must have the following:
Adult:
The witness must be of legal age.
Wise:
The rationality and mental health of the witness is also one of the basic conditions for proving the crime of insult.
with discretion:
The witness must give his statement with authority and independence.
Punishment for the crime of insult
At the end of this article, we will examine the details of the punishments related to the crime of insult. Thank you for your cooperation.
Punishment for the crime of simple insult (insulting ordinary people):
Article 608 of the Islamic Penal Code stipulates that insulting people, including obscenity and the use of obscene words, if it does not lead to qadhf, the punishment will include whipping up to 74 strokes or a fine between fifty thousand and one million rials.
Punishment for aggravated insult (insulting legal entities):
Article 609 of the Islamic Penal Code declares that if any person insults one of the executive officials or high level representatives of the country, according to the specific positions, he will be imprisoned for three to six months, or whipped up to 74 strokes, or a fine of fifty One thousand to one million Rials will be fined.
If it covers insulting holy figures or some of the boundaries related to them, the punishment for the perpetrator will be death according to Article 262 of the Islamic Penal Code. Also, if the insult is subject to the limit of gadf, the punishment of the perpetrator will be limited to 80 lashes.
“To get legal advice and solve your legal problems, the best option is to contact our lawyers at the law firm. Our team consists of expert and experienced lawyers who are ready to guide you in various legal fields.
To speak with an attorney and receive immediate advice, please visit the Contact My Attorney section.
We are waiting for your communication to provide you with the best legal services.