Criminalization of Recklessness and Carelessness in Disclosing Military Information

Security is one of the most important issues in every country so that its maintenance, surveillance, and control is entrusted to the armed forces as a basic duty. It is considered as an indicator of national authority and sovereignty and one of the ways to achieve sustainable security, protect, and non-disclosure of military information. Military information and secrets may be disclosed intentionally or unintentionally. The present study mainly focuses on the definition of recklessness and carelessness as well as its effect on the disclosure of military information. Also, the study explains the grounds and evidence of criminalizing the disclosure of military information in the Islamic Penal Code and Armed Force Laws. In this research, it is tried to extract and analyze the cases related to the subject using relevant legal sources through an analytical-descriptive method. This research is applied in terms of objective and it is considered descriptive in terms of nature. The results show that recklessness and carelessness per se are not a crime, but the Islamic legislature has criminalized it as negligence, unintentional crime, and fault because the negligence in disclosing military information can lead to the defeat and destruction of the Islamic Nation.