Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Effect of Menstruation on Women's Criminal Rights in Iran

Document Type : Original Article

Authors
1 Ph.D Student, Department of Jurisprudence and Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Associate Professor, Department of Jurisprudence and Basics of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Professor, Department of Public Law, University of Tehran, Tehran, Iran.
10.22034/jccj.2022.353380.1107
Abstract
Menstruation is one of the most important crises in women's lives and the symptoms that women experience at this stage are among the most important challenges of care. Proving women's menstruation in these conditions can be considered as a main criterion in women's legal status, resulting in changes or decrease in their punishments. In Iranian law, especially the Criminal Procedure Code, some differences in the implementation of women's punishments, which include the postponement of the implementation of the punishment in pregnant women, have been enacted in support of them, but there are ambiguities and gaps in legislation and interpretation of the law regarding some of the conditions of women, such as menstruation. In some cases, the physical condition is an example of the disease, it changes the limits of women's obligations and responsibilities and can be one of the mental illnesses that affect the behavioral states of the individual, resulting in the disruption of the elements of the crime. Menstruation has no place in Iranian criminal law and the law has a structural and legal gap in this regard.
Keywords

Volume 2, Issue 2
Summer 2022
Pages 101-108

  • Receive Date 26 March 2022
  • Revise Date 19 May 2022
  • Accept Date 26 May 2022
  • Publish Date 22 June 2022