Abstarct
Holly lawgiver has assumed that any human should live in such a way that he can be manifestation of His Holiness .
So , God has emphatically told in Holy Quran , “ I blowed My Soul to him and appointed him My Caliph on the earth ”.
Therefore, characterizing the attributes of The Glorious and Most High God is not only a goal , but also a duty that it should be admitted in section of rights like the religion and morality section .
Among those attributes is the attribute of concealing ( Sattar ) which is demonstrated attributes of God . If this attribute becomes part of legislation section with especial emphasis , it can be predicted many cimes requiring punishment , especially legitimate punishment will decrease .
Iranian legislator has emphasized on this important issue in article 648 of Islamic penal code whose details has been considered through comparative study concerning neighboring country ( Saudia Arabia ) in this thesis . And it is explained that in spite of the juridical – judicial differences in the legal system of iran and Saudia Arabia , both legislation centers have considered this issue in legislation .i.e , necessity of concealing secrets that is type of career secrets .
In this article , due to reasons and documents in both legal systems , comparison and consideration of aspects of differentiation , similarity , advantages and disadvantages of legislation about “ occupational secrets ” has been discussed in comparison of other ‘s . It can be understood that the legal system of Iran in field of legislation has more coherence , while the legal system of saudia Arabia has considered the prevention and penalty matters , not based on legislation , but based on its religious – juridical sources .
Key words : occupational secrets – comparative study – criminal policy – the legal system of Iran and Saudia Arabia – concealment of secrets
شیرین ولی پوری