Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Damage Compensation Caused by the Crime with Emphasis on the Emotional Damages of the Victims

Document Type : Original Article

Author
Faculty Member of Department of Law, Varamin-Pishva Branch, Islamic Azad University, Varamin, Iran.
10.22034/jccj.2022.376561.1149
Abstract
In this article, the subject mentioned in Iran's criminal law has been investigated. This article is descriptive and analytical, and the library method to collect data was used. The findings indicate that the damage caused by the crime and the damage caused by the emotional damage of the victims in the Criminal Procedure Law and the Islamic Penal Code are accepted. Compensation for damages caused by crime includes material and spiritual losses and possible benefits obtained from the crime. Compensation for moral damage is of a civil nature, and the implementation of civil liability should not cause the criminal liability of the perpetrator of the damage to be eliminated, so it seems logical that in addition to compensation for moral damage in crimes, the criminal should be punished. As a result, it may not be possible to determine the exact amount of moral damage, at the same time, the causer of damage from her harmful actions cannot be excused.
Keywords

Volume 2, Issue 1
Winter 2022
Pages 109-123

  • Receive Date 04 October 2021
  • Revise Date 09 January 2022
  • Accept Date 19 January 2022
  • Publish Date 21 March 2022