نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری جزا و جرم شناسی، گروه حقوق، واحد شهرکرد، دانشگاه آزاد اسلامی، شهرکرد، ایران
2 دانشیار مدعو گروه حقوق، واحد شهرکرد، دانشگاه آزاد اسلامی، شهرکرد، ایران
3 استادیار مدعو گروه حقوق، واحد شهرکرد، دانشگاه آزاد اسلامی، شهرکرد، ایران
4 استادیار گروه حقوق، واحد تهران جنوب، دانشگاه آزاد اسلامی، تهران، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The role of the victim in committing crimes is one of the important topics that is discussed and investigated under the title of scientific victimology. In this article, an attempt has been made to investigate the question that from the point of view of jurisprudence and law and in the light of scientific victimology, how can the role of the victim in adultery with seduction and deception be analyzed. This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings indicate that the role of scientific victimology in Iranian jurisprudence and criminal law is very limited, and in “Hadd” crimes, the victim cannot be given a role. Regarding the role of the victim in adultery accompanied by seduction and deception, the discussion of seduction and deception is basically considered if it is effective in achieving satisfaction and is not discussed as an independent factor. In fact, to examine the role of the victim in adultery with seduction and deception, one should focus on the element of consent. If sexual intercourse took place without consent, it is considered rape and the perpetrator is sentenced to death, and the victimized woman is not criminally responsible. Proving adultery by force in a situation where adultery was accompanied by seduction and deception is the responsibility of the victim and it is simply not possible because the punishment is very heavy for the offender, especially since there may be previous acquaintance and there are signs of consent in the seduction and there is deception. Sex in a situation without coercion is considered adultery and in such crimes there is no victim and the victim is also a criminal.
کلیدواژه‌ها [English]
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