Analysis of Impact of Crime Victims’ Consent on the Criminal and Civil Liability with a look at Iran's legislative process

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Elyasinia Abolfazl; Arefnia Teybeh

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Journal Paper

Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2021 | Volume:12 | Issue:23 Page(s): 67-96

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Information Journal Paper

Title

Analysis of Impact of Crime Victims’ Consent on the Criminal and Civil Liability with a look at Iran's legislative process

Author(s)

Elyasinia Abolfazl | Arefnia Teybeh | Issue Writer Certificate

Keywords

ermissionQ2

CrimeQ2

VictimQ2

DelinquentQ1

criminalQ1

civil liabilityQ1

Abstract

The Victim’ s consent to commit a Crime against himself/herself does not affect the criminal and civil liability of the offender. Because enforcing the laws and giving sentences are not to serve the individual's interests. Rather, it is for the establishment and maintenance of public order and the security of society. Therefore, due to the legal rules and legislation, Victim’ s satisfaction carries no legal value and validity and is not considered as a justified cause for the Crime. In some cases, however, due to its benefits and social necessity and acceptance, and sometimes due to the character and nature of the Crime committed, the legislator has regarded the Victim's dissatisfaction as one of the essential elements that form the Crime. Hence, with the Victim’ s consent, the criminal nature of the offense is altered, thereby it prevents the criminal and civil liability from being established. This article attempts to analyze and compare the impact of the Victim's consent on criminal and civil liability for Crimes against people, such as medical errors, etc. from the perspective of the legislative process and Islamic jurisdiction.

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APA: Copy

Elyasinia, Abolfazl, & Arefnia, Teybeh. (2021). Analysis of Impact of Crime Victims’ Consent on the Criminal and Civil Liability with a look at Iran's legislative process. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 12(23 ), 67-96. SID. https://sid.ir/paper/408662/en

Vancouver: Copy

Elyasinia Abolfazl, Arefnia Teybeh. Analysis of Impact of Crime Victims’ Consent on the Criminal and Civil Liability with a look at Iran's legislative process. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2021;12(23 ):67-96. Available from: https://sid.ir/paper/408662/en

IEEE: Copy

Abolfazl Elyasinia, and Teybeh Arefnia, “Analysis of Impact of Crime Victims’ Consent on the Criminal and Civil Liability with a look at Iran's legislative process,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 12, no. 23 , pp. 67–96, 2021, [Online]. Available: https://sid.ir/paper/408662/en

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