Research and development in criminal law and criminology

Research and development in criminal law and criminology

Iran's Criminal Policy Regarding Social Protests

Document Type : Original Article

Authors
Hedayatollah Amirisabet 1
Adel Sarikhani 2
MohammedAli Hajidehabadi 3
1 PhD student in Criminal Law and Criminology, University of Qom, Qom, Iran
2 Professor of Criminal Law and Criminology, Qom University, Qom, Iran
3 Associate Professor of Criminal Law and Criminology, University of Qom, Qom, Iran
10.22034/jclc.2025.2050260.1146
Abstract
Protest gatherings are recognized today as a manifestation of the freedom of assembly and a tool for expressing social and political demands. The exercise of this right should only be limited as prescribed by law. Principle 27 of the Constitution of the Islamic Republic of Iran permits such assemblies, provided they are unarmed and do not contravene the principles of Islam. However, given the dimensions and potential consequences of these gatherings, Iran's criminal policy, as a regulatory institution, must address them. Proactively, it can establish a clear framework to govern the process of protests. Conversely, in the event of a crisis marked by unrest and violence, it must adopt a reactive approach through punitive measures. The findings of this descriptive-analytical research indicate that the lack of established legal and institutional frameworks for holding protest gatherings has contributed to public dissatisfaction and the escalation of these protests into widespread unrest. The absence of a coherent legal policy and a specific strategy for managing social protests has challenged Iran's legislative and judicial criminal policy. Therefore, to prevent unrest and manage the resulting crises, it is imperative that a comprehensive and enforceable law be enacted to regulate and systematize protest gatherings.
Keywords
Protest Gatherings
Criminal Policy
Demonstrations
Unrest
Criminal Law
Subjects

  1. Arafi, Alireza. (2002). “The Limits of Freedom of Expression and the Press from the Perspective of Islam.” Farhang Nameh Quarterly, No. 44. (in Persian)

  2. Akbari, Amir Houshang, Mohammad Reza Radan, Ahmad-Reza Radanfar, and Ali Asghar Ahmadi Moghadam. (2011). Special Operations (Crowd Control). Deputy for Training and Education, Law Enforcement Force, 2nd ed. (in Persian)

  3. Anvari, Hassan. (2007). Sokhan Comprehensive Persian Dictionary. Tehran: Sokhan Publications, 1st ed. (in Persian)

  4. Eslami, Reza, & Mohammad Mehdi Kamalvand. (2015). Freedom of Assembly in the International Human Rights System and the Legal System of Iran. Tehran: Majd Publications. (in Persian)

  5. Piran, Parviz. (2005). “Poverty and Social Movements in Iran.” Social Welfare Quarterly, Vol. 5, No. 18. (in Persian)

  6. Jafari Langroudi, Mohammad Jafar. (2004). Legal Terminology. Tehran: Ganj-e Danesh Publications, 14th ed. (in Persian)

  7. Hosseini, Seyed Mohammad. (2004). Iranian and Islamic Criminal Policy. Tehran: SAMT Publications, 1st ed. (in Persian)

  8. Hosseinzadeh, Jamal al-Din, & Farid Mohseni. (2021). “Iran’s Legislative Criminal Policy toward the Overthrow of the Political System.” Legal Excellence Quarterly, No. 7. (in Persian)

  9. Delmas-Marty, Mireille. (2014). Major Systems of Criminal Policy. Translated by Ali Hossein Najafi Abrandabadi. Tehran: Mizan Publications, 2nd ed. (in Persian)

  10. Dehkhoda, Ali Akbar. (1993). Dehkhoda Dictionary. Tehran: University of Tehran Press, 1st ed. (in Persian)

  11. Rafiei Alavi, Seyed Ehsan. (2021). “A Jurisprudential and Legal Study of Article 27 of the Constitution.” Journal of Public Law Studies, Vol. 9, No. 30. (in Persian)

  12. Sardarnia, Khalilollah, & Hengameh Alborzi. (2022). “Analysis of Recent Professional and Social Protests in Iran from the Perspective of Street Politics.” Strategic Policy Studies Quarterly, Vol. 11, No. 40. (in Persian)

  13. Strategic Policy Studies Quarterly. Vol. 11, No. 40. (in Persian)

  14. Alipour, Hassan. (2007). “Legal Management of Protest Gatherings.” Strategic Studies Quarterly, No. 36. (in Persian)

  15. Castells, Manuel. (2017). Networks of Outrage and Hope: Social Movements in the Internet Age. Translated by Mojtaba Gholipour. Tehran: Markaz Publications. (in Persian)

  16. Abbasi, Bijan. (2016). Human Rights and Fundamental Freedoms. Tehran: Dadgostar Publications, 1st ed. (in Persian)

  17. Abbasi, Bijan, & Ali Bayati. (2018). “The Legal Regime Governing Crowd Control in Light of Security-Oriented Policing.” Police Science Research Quarterly, Vol. 20, No. 3. (in Persian)

  18. Ali Asghari, Mohammad Eghbal. (2021). “Examining the Causes and Security Dimensions of Social Unrest.” Journal of Crisis and Emergency Management, Vol. 13, No. 3. (in Persian)

  19. Alizadeh, Abdolreza, & Reyhaneh Salehi. (2017). “Freedom of Assembly and Demonstration in Light of Article 27 of the Constitution.” Islamic Law Journal, No. 52. (in Persian)

  20. Ghorbannia, Nasser. (2014). Legal Justice. Tehran: Research Institute for Islamic Culture and Thought Publications. (in Persian)

  21. Katouzian, Nasser. (2004). “Logical Principles Governing the Interpretation of the Constitution.” Islamic Law Journal, Vol. 2, No. 3. (in Persian)

  22. Lazerges, Christine. (2003). Criminal Policy. Translated by Ali Hossein Najafi Abrandabadi. Tehran: Mizan Publications, 1st ed. (in Persian)

  23. Mohammadi Jorkouyeh, Ali. (2004). A Comparative Study of Political Crime. Tehran: Islamic Republic of Iran Broadcasting Research Center, 1st ed. (in Persian)

  24. Mir Mohammad Sadeghi, Hossein. (2013). Crimes against Public Security and Tranquility. Tehran: Mizan Publications, 21st ed. (in Persian)

  25. Mortazavi, Saeed. (2006). Crimes against Public Security and Tranquility. Tehran: Majd Publications. (in Persian)

  26. Najafi, Mohammad Hassan. (1983). Jawahir al-Kalam, Vol. 41. Beirut: Dar Ihya al-Turath al-Arabi. (in Arabic)

  27. Vakil, Amir Saeed, & Pouria Askari. (2012). The Constitution in the Contemporary Legal System. Tehran: Majd Publications, 4th ed. (in Persian)

  28. Hashemi, Seyed Hossein. (2011). Terrorism from the Perspective of Islamic Law and International Instruments. Qom: Research Institute of Hawzah and University, 1st ed. (in Persian)

  29. Hashemi, Seyed Mohammad. (2005). Human Rights and Fundamental Freedoms. Tehran: Mizan Publications. (in Persian)

  30. Çali, B. (2017). The power of ordinary laws and the feebleness of constitutional rights: the right to freedom of assembly in Turkey. Research and Policy on Turkey,18(3).
  31. Doherty, B., Paterson, M., Plows. (2003). A. and Wall, D. Explaining the Fuel protests, British Journal of Politics and international Relation
  32. Fenwick, Helen, Civil Rights: New Labour. Freedom and the Human Rights, Pearson Education Limited, 2000. p120
  33. Fenwick, Helen, andphilipson, Gavin(1998) Sourcebook and public Law,Cavendish publishing Limited
  34. Loader, I, and Sparks R (2002). Cotemporary landscapes of Crime order and social control in Maguire M Morgan R and Rriner R (e ds) the Oxford Handbook of Crimminology Oxford: OUP
  35. McRae, R., & Hubert, D. (2001). Human security and the new diplomacy: Protecting people, promoting peace. McGill-Queen's Press-MQUP.
  36. van Sluis, A., & Frevel, B. (2008). Contested Police Systems. German Policy Studies, 5(2).
  37. Waddington, P.A.J. (2003). Public Order policing: citizenship and moral ambigutity, in F Leishman, B. Loveday and Savage (eds), Core Lssues in Policing. Harlow: prarson Education.
Research and development in criminal law and criminology
Volume 2, Issue 3 - Serial Number 3
August 2025
Pages 105-143