Respect for freedom in the sphere of Iran's legislative criminal policy; A discourse on the concept and examples of the Crime of possessive behavior towards another human beings

Articles in Press

Document Type : Original Article

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Assistant Professor of Criminal Law and Criminology, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran

10.22084/qjpla.2025.30512.1025

Abstract

The code of prohibiting the sale and purchase of slaves in Iran and the freedom of slaves upon entering the country, approved on 1929/02/07, It has guaranteed the freedom of slaves as soon as they enter Iran, has criminalized their buying and selling and any kind of possessive behavior with other human beings. this crime is intentionally committing an act that causes a violation or damage to the self-ownership and autonomy of the victim and his regulatory role in organizing his life, and its victim does not have alternative opportunities, freedom of choice and the possibility of getting out of that situation and becomes like an object in his possession and as a tool to serve his interests and desires. Based on this, it is possible to imagine a group of acts of ownership behavior towards another from the least to the most, the most severe of which is manifested in the form of slavery. At the same time, it should be said that criminalizing possessive behavior towards another person has legal and policy-making implications; in this regard, and with due regard to the need to observe the principle of the integrity of the legislative system and pay attention to the hierarchy of norms, as well as paying attention to fundamental human rights and freedoms, it is necessary for the legislator to explicitly repeal all laws and regulations that have given a kind of legal form to possessive behavior towards other human beings.

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