Determining punishment in light of victim characteristics and actions, with an emphasis on gender: comparative view of the laws of England

Determinación del castigo a la luz de las características y acciones de la víctima, con énfasis en el género: visión comparada de las leyes de Inglaterra

• Mahya Hatmi Islamic Azad University, Ardabil, Iran. https://orcid.org/0009-0009-9719-0392
• Behzad Razavifard Allameh Tabataba'i University, Teheran, Iran. https://orcid.org/0000-0002-3171-8440
• Anahita Seifi Allameh Tabataba'i University, Teheran, Iran. https://orcid.org/0000-0002-1180-8334

DOI: https://doi.org/10.46398/cuestpol.4176.50

Keywords: Ta’ziri sentencing, victim, gender, women, purchased law

Abstract

The legislative principles to which a judge must pay attention in determining the Ta’ziri (discretionary) penalty are included in the four clauses that have been proposed in Article 18 of the Islamic Penal Code. These four clauses are: a) the perpetrator’s motive and psychological state; b) the ways of committing the crime; c) the perpetrator’s actions after committing the crime, and; d) the personal background. In such a view, the victim has no place and, therefore, no effect of his intervention is seen. The victim status, by emphasis on gender, is the objective that the present work intends to examine with a descriptive-analytical method. For this research purpose in a comparative look, the laws of Iran and England have been studied. It is concluded that, what can be extracted from the criminal laws of Iran and England is that, in the field of substantive laws, the legislators of these countries, while accepting the vulnerability of women in crimes in general, have tried to criminalize some behaviors and actions that cannot be considered as assaults, in the general conditions of protecting them.

References

AHMEDVAND, Khalilullah; ZIVARI MIRZAI, Zahra. 1400. “A comparative studyofwomen’srightsfromtheperspectiveofIslamandZoroastrianism” Ganoonyar. Fifth year. No. 19, pp. 126-139.

ATTAZADEH, Saeed. 2013. “Jurisprudential review of combating women trafficking with a perspective” In: To international documents, comparative research of Islamic and western law. No. 1, pp. 369-380.

AZIMIAN, Asal. 2018. “Deterrent criminalization in the protection of women in the shadow of jurisprudence and law” In: Islamic Jurisprudence and Law Studies. No. 21, pp. 16-26.

AZIMZADEH, Shadi. 2014. “The dynamics of the effects of criminal policy in supporting women victims of violence” In: Justice Law Journal. Vol. 69, No. 52-53.

FARRELL, Graham; PHILIPS, Coretta; PEASE, Ken. 1995. “Victimology” In: British Journal of criminology. Vol, 35, No. 2, pp. 384-399.

HEKMATNIA, Mahmoud. 1400. Rights of women and family. 6th edition. Publishing Organization Research Institute of Islamic Culture and Thought. Tehran, Iran.

HOSSEINI, Hadi. 1388. Woman Book. 3rd edition. Amir Kabir. Tehran, Iran.

KAZHEMPOUR, Sana; FARJIHA, Mohammad. 2018. “Theoretical explanation of the effect of gender on determining the punishment of drug offenders Comparative study of Iran and America” In: Law of Justice. No. 117, pp. 201-231

KEREN-PAZ, T. 2013. Sex Trafficking: a private law response. 1st Edition. Routledge. London, UK.

MEHRA, Nasreen. 2004. Collection of articles, results of groups and documents of the first international conference on women and criminal law, past, present and future. First edition. Selsbil. Tehran, Iran.

MEHRPOUR, Hossein. 1384. Collection of articles Women and criminal law. First edition. Selesbil Publications. Tehran, Iran.

MOHAMMADI, Shahram; SHAHIDEH, Farhad; ABDULAHI, Afshin. 2014. “The effect of the findings of the first victimology in drunken crimes. Obligation of retaliation (with a case-by-case review of court decisions)” In: Comparative Law. No. 104, pp. 03-19.

NAFFINE, N. 2017. Possession: Erotic love in the law of rape. Gender and Justice, 1st Edition.

RANDALL, Melanie. 2010. “Sexual assault law, credibility, and “ideal victims”: Consent, resistance, and victim blaming: In: Canadian Journal of Women and the Law. Vol. 22, pp. 397-433.

RAYEJIAN ASLI, Mehrdad. 2018. Victimology: Lessons in Compiled Speeches. Volume 1. 2nd edition. Shahr Danesh Legal Research School. Tehran, Iran.

SANEI, Parviz. 1382. Laws and society: the relationship between rights and social and psychological factors. First edition. New Design. Tehran, Iran.

SHIRI VERNAMKHASHTI, Abbas. 2017. “The role and position of the victim in criminal investigations” In: Research Criminal Law. No. 23, pp. 233-236.

SHIRI, Abbas. 2017. “The right of the victim in determining the punishment and how to implement it” In: Perspectives of Judicial Law. No. 81, pp. 16-29.

SOBHANI TABRIZI, Jafar. 2019. The dawn of eternity (Forough Abdit). 37th edition. Boostan Institute of Books. Qom, Iran.

WILZYNSKI, Anna. 2007. “Crazy or Bad? (Children, Gender and Courts), translated by Nowruz Kargari” In: Legal Research. No. 47, pp. 56-63.