Consent of Offender as a Prerequisite of Sentencing; Foundations and Reflections

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Ghoorchi Beigi Majid

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: CRIMINAL LAW AND CRIMINOLOGY STUDIES Year:2020 | Volume:49 | Issue:2 Page(s): 469-490

Download Full-Text

Persian Verion

View:

637

Download:

Cites:

Information Journal Paper

Title

Consent of Offender as a Prerequisite of Sentencing; Foundations and Reflections

Author(s)

Ghoorchi Beigi Majid | Issue Writer Certificate

Keywords

ConsentQ2

PunishmentQ1

Consent of OffenderQ1

Right of AutonomyQ2

ProbationQ1

Electronic SurveillanceQ1

Semi-DetentionQ1

Abstract

Consent is a complicated concept to define. There are three approaches in defining Consent: in the first approach, Consent is best understood as a subjective phenomenon. In the second approach, Consent is defined with an objective criterion and should be expressed with an action. Regarding the third approach, Consent has been argued to be a concept with dual interpretive characteristics. Consent of victim is a conventional subject in general part of criminal law. In this context, Consent is considered as an excuse or defense. Therefore, Consent of victim would invalidate the accusation of rape. Consent of offender is less discussed in the criminal law. Consent of offender has various dimensions: Consent of offender to Punishment in philosophy of Punishment; Consent of offender in criminal procedure and Consent to sentencing. This article seeks to explain the Consent to sentencing. Consent of offender to Punishment is an exceptional issue because in the modern criminal law, Punishment is the imposition of pain and suffering by the state as a response to an offense. In Islamic penal Code (2014) the Consent of offender to sentencing is deemed necessary in three cases. Semidetention, Electronic Surveillance and community Punishments. Respecting the Right of Autonomy and the human dignity and contractualisation of criminal law are the main reasons in this regard.

Cites

No record.

References

No record.

Cite

APA: Copy

Ghoorchi Beigi, Majid. (2020). Consent of Offender as a Prerequisite of Sentencing; Foundations and Reflections. CRIMINAL LAW AND CRIMINOLOGY STUDIES, 49(2 ), 469-490. SID. https://sid.ir/paper/260729/en

Vancouver: Copy

Ghoorchi Beigi Majid. Consent of Offender as a Prerequisite of Sentencing; Foundations and Reflections. CRIMINAL LAW AND CRIMINOLOGY STUDIES[Internet]. 2020;49(2 ):469-490. Available from: https://sid.ir/paper/260729/en

IEEE: Copy

Majid Ghoorchi Beigi, “Consent of Offender as a Prerequisite of Sentencing; Foundations and Reflections,” CRIMINAL LAW AND CRIMINOLOGY STUDIES, vol. 49, no. 2 , pp. 469–490, 2020, [Online]. Available: https://sid.ir/paper/260729/en

Related Journal Papers