نوع مقاله : مقاله پژوهشی
نویسنده
دانشآموخته دکتری سیاستگذاری عمومی، دانشگاه باقر العلوم علیه السلام، قم، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Following the unrest of December 2025 (Dey 1404), a new legal challenge has emerged regarding the civil and criminal liability of "instigators" and "ringleaders" who did not have physical involvement in the destruction of public property. While Article 27 of the Constitution emphasizes the freedom of assembly, the transformation of protests into organized riots and the destruction of public assets have confronted the legal system with the question of the legitimacy of "seizing the assets of instigators" (as a writ of attachment). This research, employing a descriptive-analytical method and utilizing the theoretical framework of "Macro-Jurisprudence" (Fiqh-e Kalan) as opposed to "Micro-Jurisprudence," re-examines the rules of liability (Dhaman) and causation (Tasbib). The research findings indicate that "Macro-Jurisprudence," through a systemic approach and by invoking "moral/spiritual causation," "the psychological superiority of the cause," and the "Rule of No Harm (La-Darar) at a macro level," recognizes leaders and instigators not merely as accomplices but as the "efficient cause" and "creators of risk." Accordingly, the judiciary's action in seizing the assets of instigators (pursuant to Article 107 of the Criminal Procedure Code and Article 500-bis of the Islamic Penal Code) is not only compatible with legal standards but is also a necessity for achieving justice in confronting crimes against security and compensating for damages to public rights.
کلیدواژهها [English]
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