عنوان مقاله [English]
نویسندگان [English]چکیده [English]
This paper reviews and analyzes the elements of crime mentioned in article No. 641 of the Iranian Islamic Penal Code dealing with harassing phone calls. In examining each of the three elements of the offense, we covered some questions which may rise in minds and we will try to resolve the ambiguities and doubts arising from ambiguity of this article. after analyzing elements of this crime it is concluded that the results of this crime as a result crime is bothering and disturbing the mental peace of victim, its criminal behavior is positive -whether material or spiritual- act and to realize that an act is disturbing or not it is needed to apply both objective and subjective tests, its subject is moral personality of people, its criminal means includes telephone, wireless, Internet-connected computers, fax, pager and other communications devices. Time and space are not the constituent elements of crime and jurisdictional competent court to consider this crime is the place in which the call is answered by the victim.