What is the verdict of defaming surveyor engineers of construction engineering system?
According to Article 608 of the Islamic Penal Code, insulting people such as obscenity and using obscene words, if it does not lead to qadhf, will be punishable by whipping up to (74) strokes or a fine of fifty thousand to one million Rials.
Since 2009 and in line with Note 3, Article 9 of the Executive Regulations of the Comprehensive Land Registry (Cadastre) Law of the country, the implementation of an important part of the operation of preparing official documents (properties with noble classification) based on an agreement between the country’s Deeds and Real Estate Registration Department and the Construction Engineering System Organization. Registration Circular Code 919), has been assigned to the members with employment licenses of this organization, and legally, with the implementation of the above-mentioned agreement, the people who carry out the apartment separation operation based on the notification of their respective organization, in the group of other official officials within the limits of the competence stated in the text of the article 1287 A.H. M. are placed and subject to its advantages and disadvantages.
Therefore, the surveying engineers of the Construction Engineering System Organization and who have an active license to prepare apartment separation maps are included in the category of “other official officials” and as a rule, they should be covered by the umbrella of legal protection, including Article 609 of the Islamic Penal Code and the filing of indictments against people who, during the visit and Other processes of preparing apartment separation maps are insulted and insulted while performing the duty; According to this law, anyone, according to their position, one of the heads of the three branches of government or vice presidents or ministers or one of the representatives of the Islamic Council or representatives of the experts or members of the Guardian Council or judges or members of the Court of Accounts or #employees of ministries and state institutions and companies And the municipalities #while_performing_the_duty or offending because of it, shall be imprisoned for forty-five days to three months, or up to (74) lashes, or two million (2/000/000) to twenty-five million (25/000/000) A fine of Rials is imposed.
The persons protected in this article are government officials and not other persons; And the type of their employment relationship with the government is not important (official, contractual, etc.); Therefore, competent surveying engineers, who are active in providing services for apartment separation according to note 1 of the Executive Regulations of the Comprehensive Land Survey (Cadastre) Law of the country, are included in the group of other official officials as described above.
In order to violate Article 609, one of the following two conditions is sufficient:
1- Insulting should be done with regard to the person being insulted, that is, the insulter should be aware of the position of the other party.
2- The insult must be while performing the duty or because of it.
For the realization of this crime, one of the two conditions of being public and insulting the persons mentioned in the article, without the presence of the person himself in the presence of colleagues, or being present without the presence of others, is sufficient.
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This post is written by hassanaaz