Analysis of the Scope of the Crime of Threat in Iranian Criminal Law with Emphasis on Non-Explicit Implied Threats

Abstract

The crime of threat, particularly in its non-explicit and implied form, is one of the most challenging issues in Iranian criminal law. Article 669 of the Islamic Penal Code (Book Five: Ta'zirat) employs the phrase “by any means whatsoever,” thereby allowing the inclusion of indirect, implied, and non-verbal threats within its scope. Nevertheless, distinguishing such threats from concepts such as ordinary teasing, reasonable warnings, or jokes requires precise customary, contextual, and psychological criteria. This article adopts a descriptive-analytical approach and relies on library-based sources and judicial practice to examine the foundations, elements, and scope of implied threats in Iranian law. The findings indicate that the realization of an implied threat depends upon establishing two essential elements: criminal intent (specific mens rea) and the creation of reasonable fear in the recipient. Courts generally infer the offender’s internal intent through indicators such as a history of hostility, the tone of communication, the temporal and spatial context, and the offender’s customary capacity to carry out the threatened act. Recent judicial practice, particularly in cybercrimes and threats communicated through social media platforms, has adopted a relatively broad interpretation of implied threats. However, this expansion of the offense's scope has consistently faced criticism regarding compliance with the principle of legality in criminal law and the protection of freedom of expression. The article concludes by emphasizing the necessity of developing clearer customary standards and providing judicial training for the identification of non-explicit threats, while also proposing measures to improve evidentiary assessment and ensure fairer criminal proceedings.