Conformation and comparison jurisprudential Baghi (Armed rebellation) and idiomatic of the political crime

  • 1-Mohammad Ebrahim Mojahed , Ayatollah Dr. Ahmad Abedini Najafabadi , Dr. Javad Panjehpour


The political and security crime of Baghi(Armed Rebellion) is of particular importance in that it is against the security of the state and the government. However, there are differences between this crime in jurisprudence and the law of Islamic punishment. At the same time, there is a commonality between the two. In this research, analytical-critical method of jurisprudential and political crime and their similarity and symmetry were examined by analytical-critical method. After explaining the concepts of familiarity with the criteria of each and the conditions of realization from the legal jurisprudential point of view, they have been examined. For example, the identity of the perpetrator in political and criminal offenses is not a condition for the commission of a crime and will not affect it. Also, in the quality of punishment, in addition to the need for general immunity, there is a special immunity in both conditions. However, it seems that special malice can be used in absolute crimes as well. In the case of Baghi, according to Article 287 of the Penal Code, the perpetrator must also intend to overthrow the basis of the Islamic government, and in political crime, according to Article 1 of the Law on Political Crime, the perpetrator must intend to reform the country's affairs. In this case, what has been achieved will not be considered a crime. Also, from the jurisprudential point of view, the existence of honorable motives in political crime and having a religious interpretation and justification in the crime of rape, which is another interpretation of honorable motive, can be one of the common features of political crime and rape. Considered. This feature has not been equally accepted by the judiciary in both cases.