Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A Victimological Approach to Persons with Different Sexual-Gender Traits and Types (Queers) from the Legislative and Islamic Perspectives

Document Type : Original Article

Authors
1 Ph.D Student, Department of Law, Emirates Branch, Azad University, Dubai, United Arab Emirates.
2 Visiting Assistant Professor, Emirates Branch, Azad University, Dubai, United Arab Emirates (Faculty Member Department of Law and Jurisprudence Humanities Research and Development Institute). (Corresponding Author)
3 Assistant Professor, Department of Law, south Tehran Branch, Islamic Azad University, Tehran, Iran.
4 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran.
10.22034/jccj.2024.435814.1468
Abstract
The causes of injury to queer people and its prevention are important issues that have not been discussed much. The purpose of this article is to examine this important question, what are the criminological causes of victimization of queer people and what are the criminal prevention strategies for the victimization of people with specific sexual-gender characteristics (queer)? The current article is descriptive and analytical and has been investigated using the library method. The findings indicate that the reasons for the victimization of People with specific sexual-gender characteristics (queer) can be explained based on the theory of rational choice, the theory of daily activities and lifestyle, the theory of victimization, the theory of acceleration of victimization, and stimulation by the victim. In addition, the delinquency of this spectrum has not been the concern of legal and judicial officials. Regarding the coercive and repressive approach, the legislator has tried to apply deterrent and preventive policies by appointing punitive and punitive punishments and policies of neutralization and sometimes elimination. However, in this type of policy, no distinction has been made between the acts committed by these groups due to genetic disorder or deviation.
Keywords

Volume 3, Issue 5
Winter 2024
Pages 123-135

  • Receive Date 08 January 2024
  • Revise Date 13 February 2024
  • Accept Date 18 February 2024
  • Publish Date 20 February 2024