In this article, we examine various aspects of this crime, including the definition, legal, material and spiritual elements, punishments, how to file a complaint, and its follow-up through telecommunications and the prosecutor’s office.
Definition of the crime of telephone harassment
Harassment by telephone means the intentional and knowing use of a telephone or other means of communication to disturb the peace or cause inconvenience to others. Legally, this act is considered a violation, and a person who commits such an act will be required to answer to the law.
This behavior, sometimes done for fun or revenge, can have serious legal and social consequences. In fact, telephone harassment is not only limited to annoying calls; Rather, sending unpleasant, threatening text messages or even frequent anonymous calls are also included in this category. Before continuing the discussion, we suggest that if someone bothers you with these conditions, from Tehran criminal lawyer Or get help from your city of residence to prosecute this crime.
Examining the elements of the crime of telephone harassment
Telephone harassment, as a legal offense, has specific elements that must be fully realized in order to fulfill it. Understanding these elements can help to correctly understand the concept of this crime and its consequences.
Legal element
According to Article 641 of the Islamic Penal Code, improper use of the telephone or other means of communication in a way that causes disturbance to others is considered a criminal act. The legislator has set penalties for this unsavory behavior to protect people’s rights against such behavior.
Any call, text message, or use of telecommunication devices in a way that disturbs the peace of people is covered by this article. The purpose of this legal article is to provide psychological security and create a peaceful atmosphere for the people of the society.
Therefore, if a person harasses by phone or similar means, he is not only condemned morally, but he will be dealt with according to the law. This treatment can include financial fines, imprisonment or protective and educational measures aimed at preventing the repetition of such behaviors.
Material element
The material element of the crime of telephone harassment or improper use of communication means refers to a set of behaviors that cause harassment to others. These measures include things such as repeated calls without a clear purpose, cutting off calls suddenly, being silent and not responding when making calls, or sending repetitive and unanswered messages. Even if no conversation or words are exchanged between the parties, the same behavior can be recognized as a crime and lead to punishment.
These types of actions are known as harassment, even without specific content or content in the calls or messages. In fact, making repeated calls or sending unanswered messages is so annoying that it causes worry and discomfort to the target person. Therefore, Article 641 of the Islamic Penal Code clearly states that such actions, even without dialogue or spiritual communication, are still an example of a crime.
Spiritual element
In order for a behavior to be prosecuted as telephone harassment or misuse of communication devices, there must be intent to harass behind the conduct. In other words, the person who calls or tries to send repeated messages must have the intention of causing annoyance and inconvenience to the other person in order for his action to be recognized as a crime. Wrong or unintentional calls that are made by accident, even if they cause inconvenience or annoyance to the other person, due to the absence of malicious intent, are not included in this crime and are not subject to punishment.
If a person calls unconsciously or by mistake and thus causes annoyance to another person, this act without the intention of disturbing is just a mistake and the law does not consider such behavior as a crime.
Punishment for the crime of telephone harassment
According to Article 641 of the Islamic Penal Code, a person who commits harassment through telephone or other means of communication will be punished with imprisonment. This punishment can vary from 1 month to 6 months of imprisonment, which means that according to the law, the punishment has been determined for those who cause disturbance intentionally and knowingly. This punishment is imposed in order to prevent the violation of the rights of others and to create a safe and calm environment for the members of the society against such annoying behaviors.
Pursuing telephone harassment through telecommunications and prosecutor’s office
In order to legally pursue the crime of telephone harassment or improper use of communication devices, the first step is to go to the prosecutor’s office where the crime occurred. At this stage, the complainant must file a complaint and provide a report detailing the occurrence of the harassment. If the disturbing person is identified, the prosecutor’s office will quickly start the necessary measures to investigate the matter. But if the identity of the intruder is not known, the prosecutor’s office can obtain the necessary information to identify the perpetrator of the crime by asking the telecommunications company.
If, after inquiring with the telecommunications company, the intruder’s phone number is identified, the intruder will be summoned to the prosecutor’s office. Then, the preliminary investigation begins to clarify whether or not the person in question committed the harassment intentionally and with full knowledge.
Evidence to prove the crime of telephone harassment
To prove the crime of telephone harassment or improper use of communication devices, several types of evidence can be used in legal proceedings that help transparency and accuracy in handling the case. Among these evidences, the following can be mentioned:
- Recording of conversations or messages: If the complainant has been able to record disturbing calls or messages, this evidence can be used as strong evidence to prove the crime.
- Call records from the telecommunication company: The call records that are extracted from the telecommunication company can be used as valid evidence in proving telephone harassment.
- Eyewitness testimony: In some cases, people who witnessed phone calls or harassment can testify and provide information about the harassing behavior.
- Patterns of repeated calls or nuisance calls: If a person repeatedly makes nuisance calls at different times, these patterns can be used as evidence to prove that the crime was intentional.
Complaining about the crime of telephone harassment
To file a complaint regarding telephone harassment or other telecommunication crimes, you must first register your complaint through the judicial electronic service offices. This action allows you to send your case online and in the shortest possible time to the judicial authorities. Also, if the crime in question involves cybercrime or harassing activities on messengers, you can approach the FATA police. If you need to be accompanied by a reputable legal group, a law firm Dadpaya We offer you
summary
In this article, we discussed the definition of the crime of telephone harassment, legal, material and spiritual elements, punishments, how to complain and pursue it through legal authorities and telecommunications. We hope this comprehensive information can help you in facing this problem.
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