A Reflection on the Law Amending Sections 705 to 711 of the Islamic Penal Act and the Document "Preventing and Combating Gambling in Cyberspace"
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 14 No. 39 (1403),
28 Tir 2024
,
Page 1-13
https://doi.org/10.22037/bioeth.v14i39.45324
Abstract
Background and Aim: Gambling, as one of the methods of illegal acquisition of wealth, has always been the concern of the legislator, and the strategy related to Sharia standards has played a major role in creating criminal protection against this crime. The existence of some legal flaws and ambiguities regarding dealing with gambling and betting as one of the crimes that have gained new dimensions with the emergence of tools and social media, made it necessary to amend the relevant laws. The aim of the research is to investigate the current criminal policy of Iran towards the immoral gambling offender.
Methods: This research has been conducted using a descriptive-analytical method and by utilizing library resources.
Ethical Considerations: In this research, scientific trustworthiness has been observed.
Results: The plan to amend articles (705) to (711) of the fifth book of the Islamic Penal Code (Penalties), which was approved by the Guardian Council with amendments; It was discussed in the Guardian Council and the Guardian Council approved the resolution of the parliament. In addition, during this period, the Supreme Council of Cyberspace of the country announced the document of preventing and dealing with gambling in cyberspace approved in 1401 for implementation.
Conclusion: This research has reached the conclusion that by approving and communicating the document "Prevention and Dealing with Gambling in Cyberspace", the Supreme Council of Cyberspace has approved organizational preventions, which by referring the matter to various organizations and institutions of social, state, It predicts growth-oriented and family-oriented. On the other hand, with the approval of the aforementioned law, lottery and betting were also defined and assigned. The provision of mandatory criminal declaration, zero tolerance in criminal referrals in the case of corruption in the land or economic disruption, severe and restrictive punishments are all among the reforming components of the legislator's criminal policy in the law amending articles 705 to 711 of the Islamic Penal Code.
- Gambler
- Criminal policy
- Organization-oriented prevention
- Supreme Council of Cyberspace
- Lottery
How to Cite
References
Ervin E. An introduction to Freud's psychology. Soltani B, translator. Tehran: Jami Publications; 2013. [Persian]
Elsan M. Cyberspace rights. Tehran: Ganj Danesh Publications; 2016. [Persian]
Babaei E. Jurisprudential foundations of criminalizing gambling in Iranian law. Judicial Law Perspectives Quarterly. 2022; 27(100): 63-82. [Persian]
Ahmadi Natour Z. Jurisprudential-legal analysis of betting on the results of sports competitions. Judicial Law Perspectives Quarterly. 2023; 28(102): 1-22.
Al-Khoei SA. Mesbah al-Feqahe. Vol. 1, al-Makaseb al-Muharramah. Available in the online library of Faqahat school; 1410 A.H.
Tabatabaei MH. Al-Mizan. Mousavi Hamdani MB, translator. Vol. 6. Qom: Islamic Antarat; 1999. [Persian]
Habibzadeh MJ, Omrani S, Pourgholam H. Analysis of the crime of gambling in Iranian jurisprudence and law. Q J Islam Jurispr Found Law. 2010; 20: 47-68. [Persian]
Pirani M. Comparative study of gambling crime in the criminal laws of Iran and Afghanistan. Humanities Monthly. 2016; 1(10). [Persian]
Kirwan GA. Psychology of cybercrime. Business Science Reference; 2012.
Mohammad Nasl G. Principles of crime prevention. Tehran: Mizan Publishing; 2013. Persian. [Persian]
Hajivand A. Encyclopedia of the sayings of Ali Ibn Abi Talib (a.s.). Vol. 2. Tabriz: Forozesh Publications; 2015. [Persian]
Rahimi-Nejad E. Criminology. Tabriz: Forozesh Publications; 2013. [Persian]
Williams FP, McShane MLD. Criminology theories. Malek Mohammadi H, translator. Tehran: Mizan Publishing; 2006. [Persian]
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