Analysis of the Approach of Legislative Criminal Policy to Punishment in the Criminal Law System of Iran

Subject Areas :

abbas taghvaee ¹ , atefeh lorkojuri ² , Maryam Poorbaghi ³ , shima alipoor ⁴

1 - Islamic Education Departement, Lahijan branch, Islamic Azad University, Lahijan, Iran.
2 - Departement of Law, Lahijan branch, Islamic Azad University, Lahijan, Iran.
3 - ph.d student of Departement of Law, Lahijan branch, Islamic Azad University, Lahijan, Iran.
4 - ph.d student of Departement of Law, Lahijan branch, Islamic Azad University, Lahijan, Iran..

Received: 2023-05-04 Accepted : 2023-08-08 Published : 2023-05-22

Keywords: gender, punishment, criminal law, Legislative criminal policy,

Abstract :

Gender is a natural factor and undeniable fact in making difference between men and women so the effect of national and international laws and regulations in the protection of criminal law system from the equality of men and women’s rights is necessary in contrast with adverse effect of unconventional gender discriminations. The protective approach of legislative criminal policy in some articles caused the reduction, delay or exemption from punishment focused on gender distinctions of men and women. In upcoming article with analytical and descriptive method in some crimes, determination the punishments specific to criminal men or women, reduction of the punishment of criminal women, aggravation of the punishment of criminal men in crimes against women, reduction or sometimes specific exemption of criminal men from punishment, determination of specific punishments because of operation of crimes against the parts of body or interests that specified to men or women for the sake of their natural creation is surveyed by the goal of analysis of the effect of gender on punishment. In analysis of research hypothesis based on the rate of determining the influence of gender on punishment in the field of equitable and regular arrangements of legislative criminal policy, we understand that the legislator by the attention to the role of gender in criminal or victim endeavors to adjust the punishments in criminal law system of Iran.