Iran’s Legislative Criminal Policy toward Popular Protests: An Analysis of Articles 500, 610, and 618 of the Islamic Penal Code in Light of the Regulatory Approach

Abstract

Popular protests, as a manifestation of social and political participation, are governed by different legislative mechanisms across legal systems. In Iranian criminal law, a significant part of the legislative response to this phenomenon is implemented through provisions concerning offenses against national security and public order. These provisions define the scope and framework of criminal intervention in relation to assemblies and protest activities. Examining the manner in which these provisions are formulated and their consequences from the perspective of legislative criminal policy is therefore of particular importance. Using a descriptive–analytical approach and drawing on the concepts of legislative criminal policy, the present study examines the criminal-law provisions relating to popular protests within the Iranian legal system. The article primarily focuses on Articles 500, 610, and 618 of the Islamic Penal Code, which have been most closely associated with the criminal-law response to public protests in legislative and judicial practice. The research data were collected through an examination of statutory texts, legislative documents, and library-based sources. The findings indicate that the broad scope of certain criminal offenses and the manner in which their legal elements are formulated may expand the extent of criminal intervention in the sphere of protest activities. Within this framework, the article evaluates the relevant provisions in light of the principles of necessity and proportionality in criminal policy, examines the possibility of adopting a more restrictive interpretation of criminal intervention, and analyzes the resulting legislative implications. The findings may provide a basis for reconsidering the criminal regulation of popular protests and enhancing transparency and legal predictability within the Iranian legal system.