نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق، دانشکده ادبیات و علوم انسانی، دانشگاه ملایر، ملایر، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Crimes against chastity can be divided into "sexual" and "non-sexual" crimes; The legislator in crimes against sexual chastity, in spite of many substantive strictures that he has applied through criminalization and numerous and severe punishments, but in terms of form, has a special order and rules different from the prosecution of other crimes. This "differentiation" of criminal prosecution has originated in this range of crimes under certain expediencies, including the prohibition of the spread of prostitution and the principle of delinquency. The present study tries to evaluate the different methods of dealing with crimes against sexual chastity in the current legislative and judicial situation by using descriptive-analytical method and using library resources and discuss the most important challenges and obstacles of this investigation process. If the legislator, by specifying Article 102 of the Code of Criminal Procedure, for the first time in the criminal legislation of Iran, the principle of prohibition of "prosecution" of crimes against chastity (sexual) and summarizes the cases of prosecution only in four special and exceptional cases, but this method In practice, problems and challenges such as ambiguity in the meaning and examples of the two terms "plaintiff" and "general perspective" in crimes against chastity, the difficulty of conducting preliminary investigations by the court, challenges to the evidence of immoral crimes, unfamiliarity with criminal justice There has been a different way of dealing with crimes against chastity and their perpetrators, and so on.
کلیدواژهها [English]
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