A winged unicorn named 'Forgivable Security Crime' - Mahmoud Pourrezaei Fashkhami

  Mahmoud Pourrezai Fashkhami

1- The Head of the Judiciary yesterday, in a meeting with the officials and staff of the Dispute Resolution Development Center, said: "In some cases and security issues, the capacity of "peace and compromise" can also be used.  "Peace and compromise" solutions can be applied to a person who has propagated against the system or has taken an action against security that is acceptable according to the country's security laws and regulations.  In this regard, the capacity of experts, familiar with the issues, sympathetic and eloquent should be used.  For some people who have done something against the country's security even during the imposed 12-day war, whose action can be forgiven according to the country's security laws and regulations, we can use solutions related to "peace and compromise" and send people and groups to talk to him and guide him.  (Mizan news agency quoted from Judiciary Media Center)

2- The newspapers that carried this part of Mohseni Ajei's statement with the correct headline on their first page: 
Hamemehan: "The Head of the Judiciary proposed: the possibility of peace and compromise in security cases"
Today's policy: "Agean proposal to extend compromise to security cases"
Samat: "Using the capacity of peace and compromise in security and banking cases"
Today's Arman: "Agean's recommendation to use the "peace and reconciliation" solution for security convicts" (with masameh)
Novavaran: "Ageya: the security accused of the 12-day war can also be passed over" (with tolerance)

3- The newspapers that chose the wrong headline for this section of the statement of the head of the judiciary:
Sazendagi: "Agean proposal to judges: peace and compromise can be used in forgivable security crimes"
Sharq: "Chief of the Judiciary: Peace and compromise can be used in forgivable security crimes"
Arman Melli: "The Head of the Judiciary proposed: the use of compromise for security crimes is forgivable"
Democracy: "Using peace and compromise in security crimes is forgivable"
President: "Chief of Judiciary: Peace and compromise can be used in forgivable security crimes"

4- One of the classifications of crimes is to place them in two categories: "forgivable" and "unforgivable", and in this regard, several points are worth noting: 
4-1- Forgivable crimes are those types of crimes that, if the private plaintiff withdraws from the complaint, the prosecution of the accused will also be stopped.  In other words, the legislator has considered only private aspects of such crimes and they do not have public aspects.
4-2- Most of the crimes in our legal system are unforgivable;  That is, even if there is no private plaintiff or the private plaintiff waives his complaint, due to the public aspect of the crime, the perpetrator of those acts can still be prosecuted.  Therefore, forgivable crimes are limited to few cases.
4-3- In our legal system, none of the security crimes is included in the category of forgivable crimes;  As a result, the phrase "forgivable security crimes" used in the headlines of several newspapers is a misinterpretation of the words of the head of the judiciary, and in terms of examples among security crimes, it is equal to the number of winged unicorns that live in the world.

5- I wish that a day would come when the feet of the legal advisor would be opened at least to the high-quality and first-rate media of the country.  The media legal advisor does not mean the part-time advisor of the responsible manager or the lawyer of the newspaper in legal cases, nor the lawyer who appears as an interviewee and comments in the reports, but rather the legal advisor of the editor, editorial and newsroom who is preferably based in the media or at least available for daily consultations.