نوع مقاله : مقاله پژوهشی
نویسنده
گروه حقوق - دانشکده علوم انسانی، دانشگاه لرستان.خرم آباد. ایران .
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Differentiation in criminal policy is justified when it helps remove barriers to victims’ access to justice or reduces the risk of repeated violence. By contrast, a distinction that confers an advantage on the offender without adequate justification may have discriminatory effects. This study examines the criminal policies of Iran and Egypt toward women victimized by domestic and so-called honour-based violence, with the aim of clarifying the boundary between protection and discrimination. Article 630 of Iran’s 1996 Taʿzirat Law and Article 237 of Egypt’s 1937 Penal Code are analyzed as two illustrative examples. The study employs doctrinal legal analysis, functional comparison, and normative-critical assessment. The legitimacy of differentiation is evaluated with reference to the normative basis of the measure and its principal beneficiary, the objective pursued and the relationship between means and ends, necessity and proportionality, procedural safeguards, and the available evidence concerning its consequences. The findings indicate that, despite important differences in legal structure and effect, both provisions create a more favorable criminal-law position for the husband in the circumstances specified by law and depart from the logic of protective differentiation in favor of the victim. The jurisprudential analysis of Article 630 further shows that accepting the underlying fiqh basis does not make its current legislative form inevitable, and that the legislature retains room to determine its conditions and legal consequences. The study concludes that the boundary between protection and discrimination is not determined by the label attached to a measure, but by its normative basis, its actual beneficiary, its necessity and proportionality, the procedural safeguards surrounding it, and the evidence concerning its effects. Legitimate protection therefore requires the simultaneous preservation of victims’ rights and the defence rights of the accused.
کلیدواژهها [English]
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