Volume 7, Issue 1 (2003)
CLR 2003, 7(1): 57-71 |
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Sadeghi M H. The Consent of Crime. CLR 2003; 7 (1) :57-71
URL: http://clr.modares.ac.ir/article-20-514-en.html
URL: http://clr.modares.ac.ir/article-20-514-en.html
Associate Professor department of low, Shiraz University
Abstract: (6490 Views)
Mohammad Hadi Sadeghi
Associate Professor department of Law, Shiraz University
Although the victim consent of a crime has no legal effect on the criminal prohibitory character of the wrong committed by the offender, it can prevent the establishment of the right to retaliate or can cause the waiver of the right. This is due to the fact that the right to request retaliation originally belongs to the victim and it then passes to his family. Hence, the victim has a priority to waive the right. In addition, due to the voluntary character of the committed offence, based on the consent of the victim, no mulct (blood-money) is proven. The offender, therefore, can be sentenced to other forms of punishment merely on the basis of the committed act and not the resulted consequence.
Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30
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