Author
Abstract
From article 186 to 188 of Islamic Penal Code (1370),
three crimes have been specified as the Counterrevolution
Crime, armed insurrection against Islamic government,
planning for overthrowing the Islamic government and
nomination for an important position in Coup dominion.
Lawmaker includes these three Crimes under the Moharebeh
Chapter and according to him, everyone who Commits one of
these Crimes is Combatant (Mohareb).
However, the nature of crimes related to armed
insurrection is different from the nature of Moharebe Crime.
First of all, the armed insurrection crime aims at the Islamic
government, while the subject of Moharebeh Crime is
people's security. Secondly, Moharebeh Crime is classified in
prescribed punishment, but the armed insurrection against
Islamic government (Baghy) is not included in prescribed
punishment.
This paper is concerned about the above-mentioned
subject and reviews the three mentioned crimes.
Keywords
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