Pathology of Determining the Punishment in Family Crimes in Fifth Book of the Islamic Penal Code (Tazirat) Approved in 1996; From Explaining the Damage to Providing Solutions

Document Type : Original Article

Authors
Mahdi Mozafari Anari 1
Mohammad Amini Zadeh 2
Ali Arefi Maskoni 2
1 Master of Criminal Law and Criminology, Department of Law, Faculty of Law and Theology, Shahid Bahonar University of Kerman, Kerman, Iran (Corresponding Author)
2 Assistant Professor of Law, Faculty of Law and Theology, Shahid Bahonar University of Kerman, Kerman, Iran
10.22034/lc.2022.143996
Abstract
In order to protect the privacy of the family institution and prevent the violation of rights and duties by its members, fifth book of the Islamic Penal Code (Tazirat) adopted in 1996 has criminalized a range of behaviors in this area. The criminalization of these behaviors alone is not true to its purpose and requires careful consideration and deep attitude in determining the guarantee of proper criminal execution in order to make the criminal regulation more effective and better. Examining these criminal titles, there are harms that are contrary to the philosophy of punishment in the institution of the family; In other words, the criminal title includes the guarantee of criminal execution in order to protect and maintain the family, while the adoption of some disproportionate punishments is not only not helpful but also complicates the current situation. For this purpose, the present study, which has been written by descriptive, analytical and applied methods, seeks the pathology of punishment in criminal titles in the field of family to identify, count and describe the existing harms based on the general principles governing punishment and the purposes of the punishments are achieved, convincing, comprehensive and practical solutions have been achieved. Obviously, the purpose is to adopt comprehensive and preventive approaches, strategies and approaches from the heart of harms, and at the same time, special attention should be paid to the rights of the offender, the victim and the institution of the family.
Keywords
Pathology
Determining the Punishment
Family Crimes
Rights and Duties of Family Members
Fifth Book of the Islamic Penal Code (Tazirat) Approved in 1996