Relationship between the kinship of the murderer and murdered and the decision of the avengers of blood in premeditated murder (case study of premeditated murder cases in Tehran province)

Subject Areas : Journal of Law and Politics

shaghayegh akbari ¹ , ghasem ghasemi ² , nasrin mehra ³ , Mohammad Ali Mahdavisabet ⁴

1 - criminal law and criminology department, Azad university,science and research branch
2 - criminal law and criminology department, Azad university, science and research branch
3 - criminal law and criminology, law facuilty, Beheshti university
4 - criminal law and criminogy department, Azad university, science and research branch

Received: 2022-08-05 Accepted : 2022-09-11 Published : 2022-09-23

Keywords: Social structure of cases, Decision of avengers of blood, Non-execution of retribution, Married murderer, Kinship of murderer and murdered,

Abstract :

According to Iran's Penal Code, in intentional murder cases requiring retribution, the authority to determine the punishment is entrusted to the avengers of blood and since decision’s type can fluctuate, from retribution to forgiveness, it is very important to the factors related to avengers of blood ' decision-making. In every judicial case, there is a complex structure of situations and social relations that predict how to deal with that case and guide decisions about it. It seems that the avengers of blood ' decision is influenced by the social structure of the case and the different social structure of the cases causes a difference in the outcome of the cases. social structure of cases was used . The present research is conducted by Survey method and observation technique and Chi-square and Phi Kramer correlation tests were used. The statistical society is premeditated murder cases in Tehran which one- hundred cases were selected by convenience sampling method. According to the research findings, there is a significant relationship between the decision of the avengers of blood and the kinship of the murderer and murdered and in closer kinship relationships, there has been a greater tendency to give freely and receive blood money. The findings also showed that, out of 43 married murderers, in 32.6 percent, spouse and in 14 percent, the family of the spouse or lover was killed, therefore there is a significant relationship between the murderers being married and the murder of couples with a significance level of 0.001.