RESISTANCE AGAINST ILLEGAL ACTS OF GOVERNMENT OFFICERS

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MIRZAEI FADAFANI M.; HABIBZADEH M.J.

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Journal: Daneshvar Medicine: Basic and Clinical Research Journal Year:2000 | Volume:7 | Issue:28 (SPECIAL EDITION ON HUMANITIES AND ART ARTICLES) Page(s): 47-56

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Title

RESISTANCE AGAINST ILLEGAL ACTS OF GOVERNMENT OFFICERS

Author(s)

MIRZAEI FADAFANI M. | HABIBZADEH M.J. | Issue Writer Certificate

Keywords

SELF-DEFENSEQ4

ILLEGAL ACTIONSQ4

GOVERNMENT OFFICERQ4

Abstract

By virtue of article 607 of Islamic Punishment Act, any kind of assault on GOVERNMENT OFFICERs or resistance against them in the very act of performing their duties is counted among those acts which are a kind of rebellion. In article 34 of the Punishment Act of Armed Forces Crimes, the legislature has predicted a case of rebellion regarding the militmy and has assigned a more aggravated punishment for the perpetrator of it. One of the necessary basic conditions for proving this' crime is the occurrence of the crime when the GOVERNMENT OFFICER is in the very act of performing his duties. If these officers act within the lilt its of delivered duties and don't act beyond the scope of their powers and competence, their actions will be legal, and so a5saulting on them or resisting against them in such a case is a kind of rebellion. But when they act beyond the scope of their powers and competence, or in other words when they don't act within the limits of their duties, their actions will be illegal. So in such cases what is the judgment of law regarding resistance against them or assaulting on them? There is a lot of differences of opinion in this regard.Some believe that resistance against such illegal acts is absolutely allowable. On the other hand, others believe that resistance against GOVERNMENT OFFICERs is not allowable, even when their act is illegal. There is also a third group which has chosen a middle method and differentiated between various cases.Iranian law and judicial precedent have a great inclination towards the third theory. In Iranian criminal or penal law, resistance against the illegal acts of GOVERNMENT OFFICERs not only is not a crime but also in some cases -with the attainment of conditions -it can be counted a5 a legal defense.

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APA: Copy

MIRZAEI FADAFANI, M., & HABIBZADEH, M.J.. (2000). RESISTANCE AGAINST ILLEGAL ACTS OF GOVERNMENT OFFICERS. DANESHVAR MEDICINE, 7(28 (SPECIAL EDITION ON HUMANITIES AND ART ARTICLES)), 47-56. SID. https://sid.ir/paper/30836/en

Vancouver: Copy

MIRZAEI FADAFANI M., HABIBZADEH M.J.. RESISTANCE AGAINST ILLEGAL ACTS OF GOVERNMENT OFFICERS. DANESHVAR MEDICINE[Internet]. 2000;7(28 (SPECIAL EDITION ON HUMANITIES AND ART ARTICLES)):47-56. Available from: https://sid.ir/paper/30836/en

IEEE: Copy

M. MIRZAEI FADAFANI, and M.J. HABIBZADEH, “RESISTANCE AGAINST ILLEGAL ACTS OF GOVERNMENT OFFICERS,” DANESHVAR MEDICINE, vol. 7, no. 28 (SPECIAL EDITION ON HUMANITIES AND ART ARTICLES), pp. 47–56, 2000, [Online]. Available: https://sid.ir/paper/30836/en

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