Iran's penal system in dealing with crimes against family rights and duties

Document Type : Technical-Scientific

Authors

1 Master of criminology law of university of judicial science and administrative services

2 Master's student in family law at the University of Judicial Sciences and Administrative Services

3 Assistant Professor, Criminal Law and Criminology, Department of Law, Faculty of Law and Political Science, Islamic Azad University, Karaj

Abstract

Punishment has two legislative and judicial dimensions. This criminal process leads to sometimes complex equations, which can be pointed out in comparative studies. In this research, which was carried out based on the descriptive-analytical method, by considering the criminal systems of different countries and analyzing the spirit of criminal laws in the field of crimes against family rights and duties, it was answered that the penal system governing crimes against How are family rights and duties? And what distinctive features does it have? Finally, the question of which is the optimal punishment system in this field was addressed. In the first step, by studying the types of punishment systems (crime-based, offender-based, and guideline-based) and in the second step, by referring to the family protection law and the 19th chapter of the Tazirat book under this topic, and counting the principles governing the spirit of the laws through criminal examples. , the ruling criminal system in crimes against family rights and duties was identified as a criminal-centered model. The key features of this approach are paying attention to the reality of criminals, considering the principle of individualizing punishments and the necessity of observing the principle of proportionality of crime and punishment. Finally, the optimal punishment model in dealing with these crimes; A guideline-oriented system was identified. In the guideline-oriented approach, in addition to reducing the confusion of votes in similar cases, it can increase their strength and provide a specific model for judges in choosing punishments.

Keywords

Judgment
Volume 22, Issue 111
February 2024
Pages 52-74

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History

  • Receive Date: 30 September 2022
  • Revise Date: 26 October 2022
  • Accept Date: 17 December 2022

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