«Discussion on Crimes Against Honor» Elements of Crime (4) مقاله

خلاصه ماشینی:

Regarding the subject of Article 269 bis (a), intent through the occurrence of a misdemeanor or felony and the prosecution of the person accused of that crime is revealed during the investigations to be in no way identical to what is stated in clause (b) of the same article, because here, the person accused of the crime must have been prosecuted as a result of slander and subsequently acquitted; the opposite concept is that "Discussion on Crimes Against Honor" Elements of Crime "4" Chapter Five: Specific Elements for Each Type of Crime In this section, we will first mention the elements of each crime against honor separately so that each of them is well recognized, and then we will discuss their common and important elements in detail. Some have said that since the means of attribution in Article 269 is expressed in the plural form, and in penal laws, attention to the spirit of the law is not permitted, therefore, if an accused person of slander sends only one handwritten or printed sheet to another or to official authorities and attributes a crime to themselves, a person, or third parties therein, they are not prosecutable; likewise, if someone makes the aforementioned attribution in a single assembly, they have not committed the crime of slander. However, since the accused has been convicted on other grounds, the slander of placing objects has occurred, and its other implication is that if the truth is revealed and no result follows from this act, prosecution will not take place—in a case where in paragraph (b), prosecution is general regardless of whether material or moral damage has been caused to an innocent person or not.