Abstract
Iranian legislator has never presented a criterion for detecting crimes prejudicial to public decency, but instead of defining prejudicial to public decency crimes, the legislator has only stated prejudicial to public decency crimes. Because main purpose of this study is identifying concept of public decency crimes in the criminal code of Iran and ancient laws, their proper application regarding the changes of new Islamic penal code of Iran and its effectiveness on the decision-making of judges, based on the nature, scope and commentaries, this research studies the type and examples of prejudicial to public decency cries in ancient laws and response to public decency crimes, we will analyze severity and violence of punishment for these crimes. Challenging questions may raise in this regard, such as what is the type and examples of chastity crimes from ancient law view, Imamieh jurisprudence view and legal system of Iran? And how is the approach and response of ancient laws to chastity crimes compared to religious principles and punishment system of Iran's legal system? This research studies the history of chastity crimes in the jurisprudence teachings and identifies crimes prejudicial to public decency in the ancient laws and basis for accepting these crimes in legal system of Iran.
Highlights
From the view of Islam and religious scholars, ignoring and concealing was the main principle in preventing the dissemination of obscenity and protecting respect of people in the sexual issues
Prejudicial to public decency crimes are specific cases which are referred into in the Islamic penal code, including adultery, buggery, lesbianism, panderism and etc. which some of them are less considered in the ancient laws
The criminal policy of Iran’s law relative to prejudicial to public decency crimes includes certainty and having strategy and general framework for treating the crime and its limits; implementing lashes is ignored in some cases
Summary
From the view of Islam and religious scholars, ignoring and concealing was the main principle in preventing the dissemination of obscenity and protecting respect of people in the sexual issues. In Islamic society, behaviors which are against Islamic norms and values and against human nature, are considered as a deviation (Husseini Dashti, 2000: 486) This is while this discussion relates to criminal sexual behaviors and prejudicial to public decency acts, not deviation in its non-legal meaning. It is clear that taking this action can answer many discordances in this field (Akhondi, 1993: 109) Based on this definition, the most important punishable chastity crimes are kissing and copulation between strange man and woman, sleeping two nude men under one cover, adultery of adolescence, kissing with lust and like. Legislators, before and after the Islamic Revolution, took different positions in relation to ethical issues and public chastity and using criminal leverages for preserving ethical and sexual principles of society and realities. We will discuss about sexual actions and crimes in two different sections: sexual crimes subject to punishment and sexual crimes subject to chastising
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
