What is the crime of insult and its punishment?

What is the crime of insult and its punishment ? : According to the laws in Iran, the crime of insult is: attributing something to another person in such a way that it leads to his deduction. In general, the punishment for this crime depends on various factors. In fact, depending on whether the offense is simple (insulting ordinary people) or aggravated (insulting legal entities), the punishment is different. These punishments are subject to articles 608 and 609 of the Islamic Penal Code, respectively.

The way to complain and deal with this crime starts with filing a complaint. This complaint is registered in the judicial services office and sent to the prosecutor’s office. In the following, we will point out more steps. Note that in these steps, the best criminal lawyer in Tehran and other cities will be your guide.

What you will read in the rest of this article
The crime of insult and its types
The crime of extreme insult
Offense offense
Elements of the crime of insult
Conditions for the crime of insult
Proof of the crime of insult
How to complain in the crime of insult
Punishment for the crime of insult

The crime of insult and its types

Insulting in itself means obscenity and the use of foul and nasty words that people often use in fights. These words and expressions are meant to humiliate the audience. Also, there is another type of insult called behavioral insult, which means behavior or action that somehow causes disrespect and shame to the other person. Insults are divided into two general categories based on the subject and punishment of the crime.

Insult
Punitive insult
In the following, we will examine each of these types separately.

The crime of extreme insult

The crime of blasphemy is a kind of insult, which is defined by God. This crime has a fixed punishment, unlike the punishment for insulting, which we will discuss in the next part. It is worth mentioning this point about this crime that if there is an insult to Imams or Prophets or Prophets or Islam etc., it has a heavy punishment. Stay with us.

Offense offense

The crime of simple insult refers to cursing or insulting people who do not have a special position. We have certainly seen these kinds of insults in people’s discussions. It is interesting to know that the punishment for this type of insult is lighter. This issue shows the difference between the crime of simple insult and aggravated insult.

Of course, we should also point out that, if insulting and disrespecting people who hold positions in the country is done, the person has committed the crime of aggravated insult. The punishment for this crime is more severe than simple insult.

Elements of the crime of insult

The crime of insult, like other crimes that we have examined in various articles, has three main pillars. These three pillars include legal, spiritual and material, each of which is as follows:

Legal: The legal pillar means the articles and notes mentioned by the legislator in the law book. These articles show that these crimes have fixed punishments.
Material: If a person curses another in his mind, he does not commit a crime because he does not utter that curse. But if the same person insults someone and utters it, the material element of the crime is realized. As a result, the person commits the crime of insult.
Spiritual: Another element of this crime is the spiritual element of the crime. It means that a person’s intention is important for insulting. If the person does not know what he is saying for any reason, no crime has been committed. Because there is no spiritual element in this crime. In other words, the spiritual element is formed if a person intentionally insults the audience.

Conditions for the crime of insult

It should be noted that the offense of insult must have the following conditions in order for it to take a legal aspect and be fulfilled so to speak. In other words, if these conditions do not exist, a crime does not occur.

It should not be in general groups.
You must be a real person. Not legal because it is not considered an insult to a legal person.
It should be very clear. The criminal should be aware of the words he uses to insult and know their meanings.
The person who is insulted must be alive. Otherwise, the issue is not included in this crime.
Proof of the crime of insult
For many users, the main question is how to prove the crime of insult? In response to this common question, we must say that proving this crime according to the Islamic Penal Code is possible in several ways. These methods include:

Confession
Witness
The science of the judge
Oath
Remember that two male witnesses are required to prove insult. In the meantime, it is obvious that the witnesses must have certain conditions. These conditions are:

adult
wise
with authority
How to complain in the crime of insult

To file a complaint related to the crime of insult, the following steps should be considered:

The first stage of complaining and dealing with this crime is filing a complaint. This complaint must be registered in the judicial service office and sent to the prosecutor’s office.
After registering the complaint and sending the case to the prosecutor’s office, after examining the contents of the case, the prosecutor’s office issues a summons to the proceedings if it thinks that a crime has occurred. After the issuance, after the approval of the prosecutor and the issuance of the indictment, it is sent to the court. The same procedure is followed for the issuance of a punishment sentence for the restoration of dignity.
In the next stage, the court determines the hearing time and notifies the parties through the Sana system.
Then the court hearings begin. The judge of the case deals with the arguments of the plaintiff and the complainant. If he is of the opinion that the accused has committed a crime, he will issue a sentence of conviction.
The sentence of conviction can be appealed within 20 days in the provincial court of appeals and the decision of the court of appeals is final.
Punishment for the crime of insult
In order to make a final remark, after the general investigations about the crime of insult, we will now examine the punishments related to this crime. Thank you for your cooperation.

According to the types of this crime, the corresponding punishments are:

Punishment for the crime of simple insult (insulting ordinary people): Article 608 of the Islamic Penal Code recognizes in this regard: insulting people such as obscenity and the use of obscene words, if it does not lead to ghazf, the punishment is up to 74 lashes or fifty thousand to one. A million Rials will be the fine.
Punishment for the crime of aggravated insult (insulting legal persons): Article 609 of the Islamic Penal Code acknowledges: Anyone, according to his position, to one of the heads of the three branches of government or vice presidents or ministers or one of the representatives of the Islamic Council or the representatives of the Council of Experts or Members of the Guardian Council or judges or members of the Court of Accounts or employees of ministries, institutions, state companies and municipalities, while performing their duty or because of it offends, shall be imprisoned for three to six months or up to (74) lashes or fifty thousand A fine of up to one million Rials is imposed.
If the insult has the conditions of Hadad, in such a way that this insult is done to the Great Prophet (PBUH) or any of the Prophets, the punishment for the perpetrator is death according to Article 262 of the Islamic Penal Code. However, if the insult is subject to the limit of gadf, the punishment for the perpetrator is 80 lashes.