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Paper Information

Journal:   FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)   FALL 2015-WINTER 2016 , Volume 20 , Number 63; Page(s) 43 To 67.
 
Paper: 

LEGISLATIVE CRIMINAL POLICY OF IRAN REGARDING CRIMES AGAINST THE WIFE IN THE FAMILY

 
 
Author(s):  AZIMZADE ARDEBILI FAEZAH, REZAYYAT ZEINAB*
 
* FACULTY OF LAW AND CRIMINOLOGY AND ATTORNEY-AT-LAW
 
Abstract: 

The physical and psychological vulnerability of the wife and the husband’s exercise of authority over the family with the possibility of his abuse of power increase the probability of the commission of crimes against the wife in comparison to the crimes committed against the husband, in the family. The approach to the legislative criminal policy of Iran to support the wife and the criminalization of those behaviors that threaten her rights and character is worthy of thoughtful consideration. The present paper deals with this issue as to what degree the legislative criminal policy of Iran addresses the differential penal support of women vis-a-vis the crimes committed against the wife. While analyzing and investigating the dilemmas of this issue, the author suggests some guidelines. According to criminal categories the results of the study suggest that in the Islamic Penal Code adopted in 1392, as well as the Family Protection Laws, adopted in 1391, no steps have been taken towards the differential penal protection of the wife, and in this law the wife is even deprived of penal protection that is given to the husband. Also, in ignoring some harmful behaviors against his wife, such as failure to pay the dowry, domestic violence, incest, and violent sexual acts, the legislative criminal policy of Iran requires serious review through special criminalization and the intensification of the punishment of the husband; because the factor of "intimacy" is one of the factors of intensification in offenses in crimes against physical integrity and those concerning the domain of the family. Also, the proposed bill for changes, that is currently in the stage of being evaluated, analyzed, and investigated in order to be approved and replaced of the law of changes adopted in 1375, is in need of reform from numerous aspects despite the innovation in support of the wife. The author of this paper offers suggestions in this regard.

 
Keyword(s): LEGISLATIVE CRIMINAL POLICY, CRIME AGAINST THE WIFE, CRIMINALIZATION, FAMILY
 
References: 
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  Persian Abstract Yearly Visit 69
 
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