عنوان مقاله [English]
Background and aim: One of the crimes that is always contested by jurists, over whether or not they are politicized is the "Rebellion" crime. With the passage of the Political Crime Act of 2016, the political crime and the range of offenses attributed to it were identified. This research tries to investigate political crimes in Islamic jurisprudence and criminal law to determine whether or not rebellion crime is a political crime.
Research methodology: The method of this research is descriptive-analytical and based on written documents and sources by literature study (reviewing various articles, existing documents and laws, jurisprudence and legal books), explaining, "Political crimes" with emphasis on the rebellion crime from the jurisprudential-legal point of view.
Findings: Legal investigations have shown that the crime of "rebellion" is not considered to be a political crime under the provisions of the law on political crime adopted by the legislator in 1395, and the legislature has considered it a partial crime under articles 287 and 288 of the Islamic Penal Code and according to paragraph 1 of article 3 of the political crime law, the offenses punishable by boundaries, retribution and wergild are not considered to be political offenses, but some jurisprudential perspectives emphasize the political nature of the "rebellion" crime.
Conclusion: According to existing laws, "rebellion" crime is not considered a political crime, although in jurisprudence, it is sometimes considered a political crime. Consequently, it is recommended that the legislator fully defines "rebellion" crime when it enacts the penal code and considers it a political crime.