Illegal collection of military information; Criminal

Kamal Raouf, a jurist and faculty member of Islamic Azad University Turn The database of the military said: Collecting information to create a database from the armed forces, especially if this information is classified or confidential, is considered a crime, and depending on the type and importance of the information, different penalties are projected.

He said: If the information collected includes classified information such as “confidential” or “adherent” and is aimed at disrupting the security of the country or providing information to foreigners and enemies, it will be subject to Article 5 of the Islamic Penal Code (Ta'zir). According to this article, anyone who intends to disrupt the security of the country in any way collects information, if they want to make it available to others and succeed in imprisonment from 2 to 5 years, otherwise sentenced to one to five years in prison.

He added: “Collecting information about the displacement of military sites and presenting it to the enemy is one of the most prominent examples of this article.” However, the disclosure of information classified to unauthorized persons is a crime and, if committed by civilian persons, is subject to this article, but if this is done by the military, the subject of Article 5 of the Code of Crimes of the Armed Forces shall be considered as “espionage”.

The lawyer continued: Illegal entry into the place of documentation and classified information has also been criminalized. According to Article 5 of the Islamic Penal Code (Ta'zir), anyone who intends to steal, mapping or obtain information will be sentenced to imprisonment from six months to three years. Also, those who are arrested without permission from the competent authorities in the mapping, filming or photography of military or security sites are sentenced to the same punishment.

Raouf emphasized: Anyone who deliberately and deliberately enters the country's security, military or political positions and intends to map or know the security secrets, will commit a spy on the above article and will be subject to imprisonment for between six months and 5 years.

He said about the conditions for the realization of the crime of espionage: “There is a need for a legal, material and spiritual element to commit a crime of espionage.” The legal element of this crime is stated in Articles 1, 2 and 2 of the Islamic Penal Code of Ta'zir. Article 5 provides that anyone who provides the secrets or documents related to domestic or foreign policy of the country in general and deliberately to the disqualified persons shall be sentenced to one to five years in prison.

He explained: The material element of the crime, including the collection and unauthorized access to the classified information, is given to the disqualified persons. The spiritual element is also realized when the perpetrator is aware of the classification of information and the disqualification of the recipient.

The lawyer added: Sometimes carelessness and non -compliance of conservation regulations also lead to disclosure of information, which is referred to as information evacuation. According to Article 4, if government agents who have received the necessary training are imprisoned by the enemy by the enemy, they shall be sentenced to one to six months in prison.

He added: Investigation of the crime of espionage in accordance with paragraph (a) of Article 5 of the Code of Criminal Procedure is within the jurisdiction of the Islamic Revolutionary Court and crimes such as espionage, moharebeh, corruption on the basis of national security are within the jurisdiction of the court.

Referring to the punishment of the crime by the military, Raouf said: Article 5 of the Criminal Criminal Code of the Armed Forces has listed numerous military spying. For example, any system that provides the enemy with documents or information and is harmful to security or military operations will be sentenced to the punishment of the warrior. He is also sentenced to three to fifteen years in prison if he fails to surrender information. Unauthorized entry into the place of classified documents also brings to imprisonment for two to ten years.

He noted that the participation of civilian persons in this type of crime, in accordance with Article 2, will also be tried in the military court and sentenced to the same punishment of the military.

At the end, Raouf emphasized: The formation of a database of the armed forces, if it is illegally carried out, and especially with the aim of disrupting national security, will be considered a crime and if the classified information disclose, it will have heavy punishment for its perpetrators. Even unintentional disclosure of information in the form of information evacuation, in accordance with Articles 1 and 2 of the Armed Forces Penal Code, can lead to penalties appropriate to the classification of the document.