Criminal Law and Criminology
Parniyan Fallahian; Mohammad Ali Kafaeifar
Abstract
The role of the victim and the supporting position assigned to it in Iran's criminal policy, on the one hand, reveals the deficiencies in Iran's laws in the field of protection for all types of victims, and on the other hand, it reveals the necessity of providing special facilities in this field.. Since ...
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The role of the victim and the supporting position assigned to it in Iran's criminal policy, on the one hand, reveals the deficiencies in Iran's laws in the field of protection for all types of victims, and on the other hand, it reveals the necessity of providing special facilities in this field.. Since there has not been a comprehensive investigation in this field, a comprehensive review and logical criminological analysis based on the law regarding "Iran's legal criminal policy regarding the victimization of women" is necessary. With the aim of reducing the effects of abuse on the victim and the society, as well as the reconstruction and rehabilitation of these vulnerable groups and also to prevent the repetition of their victimization in the future, a review between the rights and protective laws of abused women in the procedural law And according to that, domestic judicial procedure is implemented with international criminal laws and documents. Because due to the vulnerability of this group, it is possible for them to be victimized more than other groups in the society, and their victimization will generally have very deep and multifaceted effects on the mental health of the society.Because the attention of domestic legislators and international institutions to the victimization of women with special conditions has been and will be mutual and will be affected by each other. The results of the researches and investigations carried out along with the criminal experience of the legislative systems show that women are more vulnerable to victimization than men, because according to the cost-benefit model, which is also true in crimes, criminals are more inclined to commit crimes. By placing women in the victim position, due to their physical strength and physical resistance, they have less power than men. Despite the fact that in many countries, measures have been taken to deal with the victimization of women and to support them, but still the structure of criminal laws is mainly based on the social role of men and with less attention than women, and among them, the criminal laws of Iran, is not an exception to this rule. The purpose of this research is that in international criminal forums, efforts have been made to minimize secondary victimization in victimized women by adopting diverse, effective and continuous care support measures
Criminal Law and Criminology
Parniyan Fallahian; Mohammad Ali Kafaeifar
Abstract
It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's ...
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It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's rights in the criminal justice system), and in previous researches, this issue has been addressed in a scattered and limited manner; And therefore, we are still facing a research gap regarding the subject under investigation; This justifies the necessity of conducting the present research. The findings of the research showed that the protections of the criminal law for women's rights can be examined in the form of the following cases: delay in the execution of punishment; Exemption from bearing dowry in crimes of pure fault (exemption of women from paying dowry in crimes of pure fault); Criminal protection for women in case of leaving alimony and criminal protection for women in the case of testifying. also; The legal gaps of women's rights in Iran's criminal justice system can be examined in the form of the following: women's rights regarding the proportionality of the age of criminal responsibility with reality (age of absolute and relative criminal responsibility; gradual criminal responsibility in jurisprudence and domestic laws); Absence of necessary legal protections regarding domestic violence against women and legal gaps in formal laws