Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Reevaluation of the Victim Concept in Criminal Jurisprudence: From Individual Victim to Societal Harm

Document Type : Original Article

Authors
1 Department of Criminal Law and Criminology, Am.C., Islamic Azad University, Amol, Iran.
2 Department of Law, CT.C., Islamic Azad University, Tehran, Iran
10.22034/jccj.2026.581773.1868
Abstract
The concept of victim in traditional legal and jurisprudential systems often focuses on an individual who has directly and tangibly suffered physical, financial, or psychological harm from a crime. This individual-centered approach, despite important achievements in identifying the rights of crime victims, fails to understand the collective and social dimensions of victimization. This article, using a descriptive-analytical method and a jurisprudential-legal approach, seeks to reinterpret and redefine the concept of victim in Imami criminal jurisprudence. The main question is how much capacity there is to accept a broader concept of victim in jurisprudential sources and foundations, in a way that includes society as a whole affected by crime? The findings of the study show that by citing concepts such as "God's right," "public interest," "evil," "enjoining what is right and forbidding what is wrong," as well as socio-economic analysis of crimes and their contagious effects, a solid basis can be provided for identifying "society" as an independent victim or beneficiary alongside the injured individual. This redefinition will have important consequences in the areas of criminal policy, determining punishments (especially in penal offenses), compensation, and alternative institutions such as restorative justice, and can lead to the formation of a comprehensive and balanced model in dealing with the criminal phenomenon.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 17 August 2026

  • Receive Date 15 May 2026
  • Revise Date 14 August 2026
  • Accept Date 17 August 2026
  • Publish Date 17 August 2026