Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The criminal Policy of Iran and the United States in Support of the Spritual Damage Suffered by the Victim

Document Type : Original Article

Authors
1 PhD Student, Department of Criminal Law and Criminology, Ayatollah Amoly University, Amol, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, Ayatollah Amoly University, Amol, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, North Non-Profit University, Amol, Iran.
10.22034/jccj.2025.471025.1619
Abstract
Spiritual damage is a set of damages that are inflicted on a person's spirit and cause the victim's personal, social, occupational and family dignity to be violated. As an example, moral damage in Iranian law refers to the dignity and honor of a person, and the most obvious example of that is Article 14 of the Criminal Procedure Law approved in 2013, and in American law, moral damage is seen as a violation of the privacy of the victim. The lack of a precise definition of spiritual injury has caused confusion in the compensation of spiritual injury. Criminal policy to support moral damage increases trust in the judicial system, eliminates secondary delinquency and reduces the tendency to take personal revenge. The purpose of present study is the comparative study of the legislative policy of Iran and the United States to support spritual damage suffered by the victim. The research method is a descriptive analysis that deals with the position of jurists, Iranian and American law with a comparative view. The findings indicate that spritual damage has been important in the Islamic Penal Code approved in 2013 and the Code of Criminal Procedure. Protection and compensation for moral damage for the victim includes material and moral losses caused by the crime. In American law, the method of apology and compensation is considered to protect the victim, which means accepting the responsibility of the guilty person. As a result, spritual damage has been accepted in terms of the laws of Iran and the United States, and it has been compensated in the laws of these two countries and the financial and non- financial compensations have been the solution to repair spiritual damage.
Keywords

Volume 5, Issue 1
Winter 2025
Pages 225-236

  • Receive Date 22 October 2024
  • Revise Date 25 December 2025
  • Accept Date 05 February 2025
  • Publish Date 21 March 2025