نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق، دانشگاه ملایر، ملایر، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Crimes against chastity can be divided into two categories: "sexual" and "non-sexual" crimes; In the crimes against sexual chastity, despite the strictness of the substance, which has been applied through criminalization and multiple and aggravated punishments, the legislator has meant a special order and conditions different from the prosecution of other crimes from a formal point of view. This "differentiation" of criminal prosecution in this range of crimes has originated under certain expediency considerations, including preventing the spread of prostitution and the principle of victimization. The present study tries to evaluate the different methods of dealing with crimes against sexual chastity in the current legal and judicial situation with descriptive and analytical method and by using library resources and to discuss and investigate the most important challenges and obstacles of this handling process. If the legislator, by clarifying Article 102 of the Criminal Procedure Law, for the first time in Iran's criminal legislation periods, placed the principle on the prohibition of "prosecution" of crimes against chastity (sexual) and summarized the cases of prescribing prosecution only in four special and exceptional cases, but this method In practice, problems and challenges such as ambiguity in the concept and examples of the two terms "plaintiff" and "public" in crimes against chastity, the difficulty of conducting preliminary investigations by the court, the challenges of proving evidence for crimes against chastity, the unfamiliarity of criminal justice system activists including bailiffs with Different methods of dealing with crimes against chastity and their perpetrators have followed.
کلیدواژهها [English]
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