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January 28, 2025

“Accusation of fighting against oppressors, the judicial power’s effort to provide security through execution/ Mahnaz Norouzian”

These days, the release of news related to the execution of the highway robber Niaiesh has occupied the public opinion and human rights defenders, and has sparked both supportive and opposing views. Some believe that our judicial system is caught up in false emotions and reactionary decisions, while others argue that given the rising crime rates due to economic pressure and the current state of society, which is plagued by insecurity, issuing such sentences is necessary as a deterrent and preventive measure. Regardless of the extent to which the issuance of such a sentence is influenced by the widespread dissemination of videos on social media and popular emotions, and whether it can have a deterrent effect or not, before delving into the nature of the situation, we must have a clear and transparent definition of the terms “highway robbery” and “fighting” in mind.

What does fraud mean and what punishment is prescribed by law for this crime?

Extortion, a crime that does not exist in the law.

Extortion, which is merely a colloquial term and not a legal one, is an act in which a person forces another to give them money or property by creating pressure, using violence, and making threats. The crime of extortion sometimes overlaps with theft and robbery due to similar elements.

A question that may come to mind is what is the difference between robbery and extortion? There is a subtle point in the answer. In robbery, the act of stealing is carried out by the thief himself, but in extortion, the victim is the one who offers their belongings with both hands to the thief in order to defend themselves and save their life.

But what punishment has the country’s law and judicial system considered for this crime, given the increase and prevalence of such crimes and their physical and psychological consequences on society?

It is worth noting that despite the high percentage of occurrence of this crime, the term “intimidation” is not clearly defined in the law, and as a result, there is no independent and clear law for dealing with it. According to the current judicial procedure for examining the punishment of intimidation, the conditions of each case are evaluated and examined with one of the three articles 617, 652 and 669 of the Islamic Penal Code (deterrent punishments) and ultimately, based on the circumstances and conditions of the crime, it is considered subject to one of the punishments mentioned in these legal articles and a sentence is issued accordingly.

In this regard, according to Article 617 of the Islamic Penal Code, “Anyone who pretends or shows off with a knife or any other type of weapon, or uses it as a means of harassment, intimidation, or threat, or engages in a fight with someone, if it does not fall under the category of armed conflict, will be sentenced to imprisonment from six months to two years and up to seventy-four lashes.”

Therefore, according to this article, whenever a person creates disturbance for someone else by using a weapon, whether it be a cold or hot weapon, and attempts to forcefully take their property through its use, they will be subject to this article and will be sentenced to imprisonment for six months to two years and up to seventy-four lashes.

In continuation of Article 652 of the Islamic Penal Code, it states: “If the theft is accompanied by violence or the thief is armed, they shall be sentenced to imprisonment from three months to ten years and seventy-four lashes, and if any injury has also occurred, they shall be sentenced to the maximum punishment mentioned in this article in addition to the punishment for the injury.”

According to this article, if the thief is armed or the theft is accompanied by harm, meaning that the person is also harmed during the theft, they will be punished according to this article.

According to Article 669 of the Islamic Penal Code, “If someone threatens another person with murder or physical, moral, or financial harm, or exposes their secrets or those of their relatives, whether or not they have made a demand for money or property, or for the performance or abandonment of an act, they will be punished with up to seventy-four lashes or imprisonment for two months to two years.”

The punishment for this article can be applicable if the thief uses force by threatening the victim to demand money or property, and the victim is forced to pay without consent.

But what is the crime of war and who is a warrior, and can coercion be considered as an act of war?

Warfare means wielding weapons against the property and honor of people and creating an unsafe environment with the intention of capturing and damaging the property of others.

The crime of combat is defined in Article 279 of the Islamic Penal Code and its punishment is determined in accordance with Article 282 of the same law.

Based on this article, “combat” means carrying weapons with the intention of threatening the lives, property, or honor of people, causing insecurity in the environment. If someone carries a weapon towards one or more specific individuals with personal motivation and their actions do not have a general aspect, and also if someone carries a weapon in front of people but does not cause insecurity due to their inability, they are not considered a combatant.

Article 282 of the Islamic Penal Code also designates one of the four punishments of execution, crucifixion, cutting off the right hand and left foot, and banishment (exile) as the punishment for fighting against the state.

By defining the two terms of “robbery” and “assault”, the difference that is evident between these two crimes is the intention and motive of the perpetrator. The goal of robbery is to take someone’s property, while the goal of assault is to deprive someone of their safety. Therefore, with a more conscious mindset, we can answer the question of whether robbery can be considered as assault, and what is the reason for issuing sentences that condemn robbers of assault, which carries the harshest punishments in Islamic penal law and is considered an unforgivable crime. Furthermore, the punishment for it will definitely be carried out due to disrupting public order and safety.

Those who consider bullying as a form of warfare argue that, given the increase in such crimes, criminal policy and maximum punishment can be a solution and have a deterrent effect in the long run.

Furthermore, due to the release of films related to kidnappers and the public’s anger and outrage over such crimes, the demand for revenge and the desire for retribution in society, which is already suffering from psychological inflammation, increases. This mentality of execution in the judicial system pushes towards hasty decisions for the purpose of teaching a lesson to thieves and healing society.

However, the majority of jurists and criminologists believe that coercion does not comply with legal and religious principles and is not a crime of war, and it is a pain that cannot be cured by execution. Coercion is not usually aimed at intimidating society, but rather at gaining wealth; in addition, the personal characteristics, social and economic conditions that trigger the crime should also be considered by the judge. The judicial system should not ride the waves of the media and act impulsively. Although coercion is a crime that has very destructive psychological and sometimes physical effects, there are other ways to prevent it besides execution and elimination of individuals; also, the anger and thirst for revenge must be controlled in society through means other than execution.

Regardless of the statements made by supporters and opponents of the implementation of the crime of aggression, the feeling of physical and mental security is what the society demands. All three words, thief, aggressor, and bully, evoke a sense of insecurity in society that cannot be overcome except by taking measures that create security.

Therefore, rooting out and identifying the causes of these crimes and utilizing legal capacities to reduce their occurrence can be effective in this regard.

Created By: Mahnaz Norouzian
September 23, 2022

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