Document Type : Research/Original/Regular Article
Authors
1
Ph.D Candidate of Public Law, Tehran university, College of Farabi
2
Associate Professor, Department of Public Law, Faculty of Law, University of Tehran (college of Farabi), Qom, Iran.
3
MA. in Public Law, Faculty of Law, Shahid Beheshti university, Tehran, Iran.
10.22106/jlj.2025.2041223.6048
Abstract
Elections, as the embodiment of democracy and the selection of rulers, play a crucial role in current time, with the election of the president being one of the most significant. In Iran’s Constitutional System, according to Principles 113, 114, and 115 of the Constitution, the president, as the head of the executive branch, is elected for a four-year term and assumes the leadership of the country's executive affairs. However, a critical point in the current process is that during registration, and especially after the Guardian Council approves the presidential candidates, some approved individuals merely participate to support another candidate. After utilizing public funds (resources), they withdraw from the race in favor of their preferred candidate, wasting public funds and undermining the credibility of the election process. This issue arises from the absence of legal consequences for those who withdraw, as stated in Note 55 of the "Presidential Election Law."
The present study, using an analytical-descriptive approach and drawing from library resources, seeks to answer the key question of whether it is legally possible to criminalize the withdrawal of approved presidential candidates. Based on the findings of this research and with the aim of protecting public funds and the rights of the people, it is suggested that the "Presidential Election Law" be amended. By adding specific conditions, it would be possible to criminalize such candidates and impose certain political deprivations and financial penalties on them.
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