جستجوی مقالات مرتبط با کلیدواژه "مزاحمت تلفنی" در نشریات گروه "فقه و حقوق"

The prank call crime refers to a new crime with a certain nature that using telephones and other telecommunication devices plays role in its formation. In some cases, the perpetrators commit other criminal acts besides prank call, like insult and threat, and in some other cases, these devices are employed just to commit the above-mentioned crimes. There are differences of opinion in distinguishing the application of the rules of multiplicity, whether material or spiritual, or not applying these rules in case of committing this crime simultaneously with other crimes like insult or threat, so that some in judicial procedure and legal doctrine consider it as “special criminal title” and with the certain criminal title of “prank call”. Others consider spiritual and group multiplicity as material multiplicity. In this condition, besides the above-mentioned cases, there is the idea of ​​multiplicity of results; while reviewing the current arguments in judicial procedure and legal doctrine, as well as analyzing the elements of the prank call crime, insult, or threat, the authors agree to accept another approach, i.e. a combination of spiritual multiplicity (multiplicity of titles) and material multiplicity, discussed in detail in the text of the paper.

Man's honor and dignity are as valuable and respectful to him as his life. Living in the community requires maintaining a reputation. Therefore, human beings do their best to maintain their dignity. For this reason, he considers the behaviors that harmed the honor and dignity of the person as a crime and punishable. Crimes against the spiritual dignity of individuals are a group of crimes that damage the honor and reputation of the victim, which may not be compensable. The main crimes against moral dignity in Iranian criminal law are insult, defamation, spreading lies and blasphemy. In this study, we intend to examine the legal system governing crimes against dignity. The method of collecting information is in the form of taking notes and library.

This paper reviews and analyzes the elements of crime mentioned in article No. 641 of the Iranian Islamic Penal Code dealing with harassing phone calls. In examining each of the three elements of the offense, we covered some questions which may rise in minds and we will try to resolve the ambiguities and doubts arising from ambiguity of this article. after analyzing elements of this crime it is concluded that the results of this crime as a result crime is bothering and disturbing the mental peace of victim, its criminal behavior is positive -whether material or spiritual- act and to realize that an act is disturbing or not it is needed to apply both objective and subjective tests, its subject is moral personality of people, its criminal means includes telephone, wireless, Internet-connected computers, fax, pager and other communications devices. Time and space are not the constituent elements of crime and jurisdictional competent court to consider this crime is the place in which the call is answered by the victim.