Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 517-529 |
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Davodi Garmarodi H, Bigdeli H, Lashkari Azar S. Recognition of the impacts of sex change in crimes and punishments. MLJ 2021; 15 (56) :517-529
URL: http://ijmedicallaw.ir/article-1-1206-en.html
URL: http://ijmedicallaw.ir/article-1-1206-en.html
1- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Karaj Branch, Islamic Azad University, Alborz, Iran
2- Karaj Branch, Islamic Azad University, Alborz, Iran
3- Science and Research Branch, Islamic Azad University,Tehran, Iran
2- Karaj Branch, Islamic Azad University, Alborz, Iran
3- Science and Research Branch, Islamic Azad University,Tehran, Iran
Abstract:
Background and Aim: Psychiatrists believe Gender Dysphoria In trances, the starting point is sexual reconstruction. However, some Religious scholars have considered this practice to be apparent to trances And the term gender reassignment applies only to bisexuals; However, after the historical fatwa of Imam Khomeini (as) as the creator and innovator of the permission to change gender, there is no legal prohibition in this case. However, the lack of transparency in the penal code regarding the punishment of bisexuals and transgender people has led writers to re-examine the legal and jurisprudential aspects of this issue with a new perspective and to reflect more on this issue and its rulings, both before and after the change.
Materials and Methods: This article is theoretical and the method used in it is descriptive-analytical. The data collection technique is also done in a library by referring to books and articles inside and outside the country.
Results: Iran's pioneering role in issuing the necessary permits for this surgery and on the other hand, the difference between the legislator's views on women and men in different chapters of criminal law has created many challenges and different questions in the minds of the authors; For example, if a person commits a crime under such circumstances, is he / she punished according to his / her gender at the time of the crime or is his / her gender the criterion for sentencing and punishment at the time of the trial? The judicial approach of our country often agrees with the first opinion and takes into account the sex of the perpetrator at the time of the crime.
Ethical considerations: In all stages of writing this study, while observing the originality of the texts, moral principles, honesty and trustworthiness have been observed.
Conclusion: Iran's judicial approach often uses the gender of the perpetrator at the time of the crime as the criterion for sentencing and does not involve itself in other possibilities. (However, maintaining the exemption from retaliation of the father and paternal ancestor after the murder of the child, despite the adaptation of gender, is an exception to this claim.) In relation to crimes such as apostasy, based on the principle of interpretation in favor of the accused, gender is the criterion for issuing a sentence that does not impose a heavy punishment on the perpetrator. However, the observer procedure in some ta'zir crimes, such as abandoning almsgiving, in which the sex of the perpetrator is effective in prosecuting him, implies the fulfillment of the spouse's obligations before the sex change.
Cite this article as: Davodi Garmarodi H, Bigdeli H, Lashkari Azar S. Recognition of the impacts of sex change in crimes and punishments. Medical Law Journal 2021; 15(56): e32.
Materials and Methods: This article is theoretical and the method used in it is descriptive-analytical. The data collection technique is also done in a library by referring to books and articles inside and outside the country.
Results: Iran's pioneering role in issuing the necessary permits for this surgery and on the other hand, the difference between the legislator's views on women and men in different chapters of criminal law has created many challenges and different questions in the minds of the authors; For example, if a person commits a crime under such circumstances, is he / she punished according to his / her gender at the time of the crime or is his / her gender the criterion for sentencing and punishment at the time of the trial? The judicial approach of our country often agrees with the first opinion and takes into account the sex of the perpetrator at the time of the crime.
Ethical considerations: In all stages of writing this study, while observing the originality of the texts, moral principles, honesty and trustworthiness have been observed.
Conclusion: Iran's judicial approach often uses the gender of the perpetrator at the time of the crime as the criterion for sentencing and does not involve itself in other possibilities. (However, maintaining the exemption from retaliation of the father and paternal ancestor after the murder of the child, despite the adaptation of gender, is an exception to this claim.) In relation to crimes such as apostasy, based on the principle of interpretation in favor of the accused, gender is the criterion for issuing a sentence that does not impose a heavy punishment on the perpetrator. However, the observer procedure in some ta'zir crimes, such as abandoning almsgiving, in which the sex of the perpetrator is effective in prosecuting him, implies the fulfillment of the spouse's obligations before the sex change.
Cite this article as: Davodi Garmarodi H, Bigdeli H, Lashkari Azar S. Recognition of the impacts of sex change in crimes and punishments. Medical Law Journal 2021; 15(56): e32.
Type of Study: Original Article |
Received: 2020/09/9 | Accepted: 2021/02/28
Received: 2020/09/9 | Accepted: 2021/02/28
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