Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Pardoning Convicts and Its Dialectical Relationship with Avoiding Retribution in Child Murder (Case of Study: Criminal Sociology)

Document Type : Original Article

Authors
1 Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2 Department of Sociology, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
10.22034/jccj.2025.467940.1603
Abstract
Due to the vulnerability and dependence of children on their parents, the importance of addressing the issue is doubled. From the point of view of judicial justice, filial piety does not appear to be the cause of retribution; Rather, from another point of view, it should be accepted that the child is under the protection of the father and the paternal grandfather, and the protector cannot be the cause of killing and destroying security. If it is argued from the point of view of jurisprudence that the father is the cause of the child's existence, how can the father cause the child's murder? In this article, from the point of view of criminal law, the issue of infanticide in Iran's criminal law has been discussed, and issues such as the killing of a child by the father and the punishment for infanticide, which many believe have caused fathers to commit child murder, and why, legally, a father who also commits The deliberate killing of one's own child is not retaliated against and is also criticized. The present article is descriptive-analytical and by collecting information in a library method. The authors' effort in this article is to show by comparing the institution of evasion of revenge in child murder with the legal institution of amnesty that with the development of the concept of amnesty, voluntary and forced amnesty can provide more grounds for evasion of revenge and abandoning the death penalty. In particular, he found a way to avoid the revenge of the mother in the killing of her child, so that the amount of death penalty in the legal system can be reduced and steps can be taken towards the elimination of this punishment.
Keywords

Volume 5, Issue 4
Autumn 2025
Pages 179-190

  • Receive Date 08 March 2025
  • Revise Date 20 May 2025
  • Accept Date 04 July 2025
  • Publish Date 22 December 2025