Extension of the Sentence of Moharebeh and Efsad Fi Al-Arz (Corruption on the Earth) in the Criminalization Financing Terrorism

In recent years, the legislature has attempted to criminalize various instances of terrorist acts such as moharebeh and corruption. The purpose of this article is to assess the status and attitude of the policies adopted by the legislature in criminalization and, consequently, to punish instances of terrorist acts based on their jurisprudential titles.

The research method in this research is descriptive-analytical and based on written documents and sources by library study which has been used to collect information using filing tools.

While not observing the basic principles of criminal law and jurisprudential principles in the adoption of Article 286 of the Islamic Penal Code and Article 2 of the Law on Combating the Financing of Terrorism, the legislator's action in this regard has a fundamental objection; Because it cannot make the punishment of such an independent crime dependent on other crimes. In addition, other criminal regulations have been interpreted and approved in a way that confirms the lack of correct and clear identification of the components of previous criminal offenses in comparison with the following criminal titles.

Despite the passage of laws prior to the passage of the Anti-Terrorism Financing Law, it seems that the need to pass such a law is merely to create new literature in the realm of legislative criminal policy; However, in terms of legislative criminal policy, the legislator's action in criminalization is one of the most important internationally organized crimes in the realm of territorial sovereignty, a logical and strategic action. Of course, Iran's criminal policy needs to strengthen its legal, security, political and even territorial sovereignty mechanisms in the face of terrorist acts.