International Journal of Economy, Management and Social Sciences, 3(2) February 2014, Pages: 158-164

TI Journals

International Journal of Economy, Management and Social Sciences

ISSN
2306-7276

www.tijournals.com

The Effect of Lacking Desirable Penal Ad Vocation

of Women and Their Victim Being
Mahshid Mahtabi 1, Ghobad Naderi *2
1,2

Department of law, Payam noor University, Iran.

AR TIC LE INF O

AB STR AC T

Keywords:

Iran penal law maker versus criminal aggression against women not only does not following a
coherent and coordinated differential penal policy. But also comparison of difference between
penal law and criminology with the difference between photography and skiagraphy , state this
belief of criminologys experts that unlike criminology realistic method, in penal law all efforts are
concentrate on criminal phenomenon and a penal file constitutive substance and its commitment
from convict and the study about causes and crime regeneration ingredient, convict motivation and
the situation in committing crime and crime character is been forgotten. But this ideology may be
appropriate for a period of penal law history in which the crime was centroid of penal law and the
scale of judgment was measure of danger in action (crime). Because in this ideology, both of
criminal and victim have been left. But with the birth of scientific criminology and the crime intend
ant means the criminal become the centroid of penal law. Accordingly penal law some deal
aggressed from abstract mood and under effect of criminology findings in conflict with criminal
phenomenon tended to the reality and identity.

Victim being
Women
Differential penal policy
Islamic punishment law

2014 Int. j. econ. manag. soc. sci. All rights reserved for TI Journals.

Introduction
Less than a century after birth of criminology, some criminologists which had readiness in study about solving puzzles of doing crime and
its reason, concentrate their efforts on the other active of crime means Victim so they can measure his action, r ole and character in
genesis of crime. This new finding toward crime, made a deep evolution in study about criminal reason that the birth of a new major with
victim logy title was its out com. Plans and actions in prevention persons avoidance of became victim or in the other word prevent of
persons victim being or properties introduced as targets that criminals remonstrate about them. The purpose of assumption and doing this
action is to increase mental, physical and penal payment of crime for criminal to maximum or victim himself as an element of the situation
before doing crime doesnt make attraction content for criminals. (Najafi Abrand Abadi, 2000, page 10 & 11)
Thus base on the findings of victim logy, differential penal policy in preventing of victim being of some vulnerable potential like women,
lionize penal law makers. Differential penal ad vocation of these persons by special criminalizations and accent penalty of criminals which
do their crime about women, to form a differential penal policy against womens victim being.
In fact penal law makers try to increase the danger of doing crime for potential criminal by increasing penal payment of crime commitment
on women via special penal ad vocation about them to reduce possibility of their victim being and choosing them by criminals.
Iran penal lawmaker not only doesnt pay attention to this fact but also in some cases like physical aggressions against women, with
negative back track of persons equality in differential criminal policy by assumption plans and special methods try to prevent and
repression penalty of criminal phenomenon. Preventing victim being of some special groups such as women, children and elder lies, lionize
politicians and lawmakers in a differential penal policy is one of these plans that follow the prevention policy from their victim being by
adjudge special differential penal ad vocation of some vulnerable parts like women. In this case also we can mention to children penal law.
The penal law also deprives them in equal penal ad vocation with men. Adopting this policy by law maker may have lots of negative effects
that one of them is increasing the possibility of womens victim being against mentioned crime.
This study intends to not also explain criminology basses of differential penal ad vocation of women, but also explain Islamic penalty law
in physical aggressions by men against women. And by using the findings of criminology challenges Iran penal policy.
Although this essay talk a little about women in case of victim regeneration of Islamic penalty law by penal ad vocation, but this matter
doesnt mean that there is a causality between penal law and its victim regeneration, so circuitous crime regeneration is its result. Because
even if the situation was suitable for crime commitment its human with his complicated characteristic structure who should act in such
situation and this answer is not true about all of the people who had committed crime. Criminal phenomenon is the end of cooperation
between pre criminal character and situation. Sometimes this process is too long and no role will be play until a crime committed. Some
changes can happen in the situation or in the character or in both of theme. And speed the movement toward crime commitment, make it
slow or even loose it.

* Corresponding author.
Email address: naderighobad@yahoo.com

The Effect of Lacking Desirable Penal Ad Vocation of Women and Their Victim Being

159

Internat ional Jour nal of Economy, Mana ge ment and Social Sciences , 3(2) February 2014

Criminology options and legislative methods about differential penal ad vocation against women
Accepting a differential penal policy against the criminals who select sacrifice among women are based on a series of criminology theories
and specially anew branch with the title of victim logy. Todays if lawmakers have an special attention to victim women in codification of
legislative penal policy, that s because of criminologists findings, observations and researches. Studies in the past decades beside attention
to crime and criminal have attention to victim too.

The role of victim in criminal process

The eremitical criminology is a branch of criminology which its subject is to specify crime or in more accurate expression is to check
crime ingredient and process. (Gesen, 1995, 19) So in explanation of crime we should differentiate between two elements: in one side,
situation and characters elements which report the cognition of reason in action; in the other side, cooperation processes that cause to act
and form the mobility of action. (same, 152) Thus, crime is the answer of character to situation. We can put the reason of crime in criminal
character or in pre criminal situation or in the area of element. (Same, 153)
Crime process, un like doer which interfere in crime commitment as an objective element, allocate movement toward crime; in this process,
the purpose is describe orders that this movement flow base into that and enter time concept toward on them. The way of study is mental
and based on criminal life and experience. In action, crime regeneration process in mental way relate the situation to the character which
interfere in to that and enter time concept toward crime against doer. (Najafi Abrand Abadi & Hashem Beigi, 1998, 102)
Thus, criminal process is a process which realize due to that and as the result of interacts, passing from thought to crime and due to passing
the way of crime commitment after passing different orders.
Victim as one of the pre criminal elements can play an important role in criminal process because she makes the process of passing from
thought to crime faster by stimulation, persuasion, enticement potential criminals, also he may make a chance for potential criminal with
pathology feature, crime time and adequacy.

Victim as basal pillar of pre criminal situation

Pre criminal situation, is externality of criminal that precede to crime and cause preparation of crime and mention to a part of persons
character that is appreciable. (Gesen, before, 189)
In each pre criminal situation we should diagnose two basal elements:
An event (or a series of event) that cause to form and design a criminal plan in criminal mind and the situation which surround crime
preparation and performance. The first element, in clued happening an event or a series of events that suddenly make a criminal plan in
criminal mind, for example; Yoke Fellows unfaithfulness is origin of love murder. The second element for Pre criminal situation stand in
events which is suitable enough for feature criminal and put him in a situation to do his criminal plan, the effect of these situation in crime
activation is predominate. Without them, undoubtedly criminal plan remain just plan. (Same, 190, 191)
Through elements which as pre criminal situation, pre dispose crime, study about crime victim and his relation with criminal and the effect
of response in realization crime phenomenon is one of the most important subjects which bring new findings in criminology named victim
logy.
In this approach that some people remind it as classical or initial victim logy (Gesen, 1991, 196), there is practical siding or in the other
word criminal siding to victim. So it pays attention to character, mental existence adjectives, social and cultural features of victim and her
relations with criminal and finally her role and portion in crime genesis.
If criminologists believe that the criminal phenomenon caused from biological, mental and social elements and remind it as a biological
mental and social phenomenon (Keynia, 1991, 71) , and take it more unsafe if danger of criminals crime which have a dangerous figure,
their capacity and talent of crime is in high level and their ability of social adaption is not satisfactory (Danesh, 1987, 334). Also victim
being is caused from some elements such as physical weakness, mental imbalance, lacking of social situation and not having environmental
care and the level of some peoples victim being base on social feature are more than others. So we can introduce these victims as
vulnerable potential victims (Tavajohi, Abdolali, 1998, 286). So Zelig believes a suitable victim as the most important pre criminal
situation, undoubtedly, victim as a basal pillar of pre criminal situation can play an important role in passing criminal process and existence
of vulnerable person which are suitable for potential criminals and are suitable goal for them, can make the process of doing crime faster
whether in formation of crimes plan or criminal thought.

Vulnerable potential persons; the first selection for criminals

Geremy Bentam believes that the person who decides to commit crime, in action like an economist evaluates the benefits and
disadvantages or revenues and pains that may engender for him. He is judge of his revenues. Criminal is a free, smart and patient man who
does an exact calculation. (Peradel, 2002, 62)
Also Becer by introducing crime economy theory supports Bentams efficiency and punitive calculation treat criminal as a normal and
logical man and believes that crime happens in an intellection and decision making process (Najafi abrand abadi 1993, 43). Also Moris
Cusan which believes in five phases in describing crime, in the fourth phase mentions the rational element in criminal decision for
committing crime or leaving crime. (Same, 68)

Mahshid Mahtabi and Ghobad Naderi

160

Int ernational Journal of Economy, Mana ge ment and Soci al Sci ences, 3(2) February 2014

Thus base on these theories we can say, potential criminal like every human, is a rational creature which with motivation of search to find
something that is beneficial for him and with making balance between defection and revenue of crime commits that. In another side one of
the important problems of victim logy, is the condition of criminals selection. The question is that if victim has been chosen accidently or
base on previous selection become a victim in the other word if the possibility of vulnerability between people in society is equal? Its clear
that if there was not a selection, the possibility of victim beings danger for all people in society and possibility of being victim for them is
equal.
Recent victim logiest in more cases, victims have been chosen carefully by criminals.
Victim being or criminal phenomenon have more possibility to happen and it is possible in a time that three elements in time and place
gather together.
These three elements are:
A) presence of motivated criminals(impassionate criminal ).
B) existence of suitable goals and targets like a suitable victim.
In the studies which are done by some victim logiests, the quality of selecting victims by criminals in two specific groups by title of
exchangeable victims and non exchangeable victims and non exchangeable victims expression have been used in a case which victim
have been chosen previously by criminal, necessary plan should be ready for committing crime. Most of crime against persons like child
drawing is in this category.
Any way for those victims which selection have been done about them, existence of some components such as grace, control ability, being
in touch, lack of danger or low risk in or other cases, can take part in selecting them. (Tavajohi, same, 285)
thus we can say that danger of being victim do not distribute equally between people in society (Viano, 1997, 447) and some people are
more disposable for selecting by criminals.

Vulnerable criterion person with emphasis on gender factor

One of the subjects that Hans Von Henting from Germany mentioned in fourth chapter of the book criminal and his victim, is the
expression talents prior and back ground of victim which guide the person toward doing crime. From his view some groups like women,
children, youngs, elderlies, religious ethnic minority, immigrants, people who named as subnormal and laggards, have prior talent to be
victim. (Hentig, 1948).
Henry Ellenberger also by using concept of latent or predisposed victim mention to some persons who have eternal or subconscious
talent in playing victim role (Keynia(2), 1991, 13) and John Pinatel (Franch criminologist) resemble them as lambs who attract wolves.
(same)
Thus beside biological elements like victims age that often make children, teenagers and elderlies vulnerable and mental weakness in some
victims like patients and psychotics (vulnerability psychology element) and weakness of social situation of some persons like religious
ethnic minority that cause victim being and vulnerability more than other people, peoples gender can be mentioned as one of the important
elements of more vulnerability between people which women are more vulnerable than men.

Research record
Talent or back ground of womens victim being can be survey inside or outside of house. In the outside of the house they may disposable
of physical and sexual aggression because of their special biological features that make them as a suitable case for criminals. Inside the
house because of high black number of crime in familial violence, their vulnerability increase. Based on researches that are done in the
USA in 1967 more than half of the victims in all contents never try to declare their victim being to formal authorities. In question for the
reason of this event there are many answers which after belief to the police disability in following criminals, belief to the privacy of some
problems such as familial disputes and also shame of expressing inside violences, have top most black number between answers.
(Tavajohi, Najafi Abrand Abadi, 1999) as of statistic, women are constitute the most number of victims in both inside and outside of the
house. (Sepez & Filizola, 2000, 63) In some murders that happen there is a familial relation and through that women immolate more than
men. A research in 1975 shows that through 107 purposely murders which happened in family circumference, in 47 case slain was spouse
(wife) (Fattah, 1989, 196). Base on ideas evaluation of experienced judge in penal law court, there was a family relation in most penal files
of purposely murder in which victim was a women. And most women in a familial violence and specially murdered by their husband or
their relation. (Mortazavi, 1996, 17)
In another research that is about murder in Iran which is done by help of whole countrys general social research and observation book, it is
proven that nearly the most murders relations are about sexual honor killings. This ratio in whole country includes 20% of murders, but in
some towns may have more ratio. (Abdi, 1988, 42)
Familial violences for their special nature putative in public mind as a private problem and people do not have tendency to interfere. Base
on this view point, even police officers abominate to interfere and all of these cases are base on this view that domestic violence is private
originally. (Henderson, 1997, 14) Thats because of this feature that there are not statistics and real numbers of familial violences. But
these limited statistics and numbers also show more vulnerability of women. So we can take gender as a very important element in persons
victim being that cause a sex (woman) became more vulnerable for its physical feature and for social prejudicial qualification be more
disposable of victim being both in outside and inside of the house.

The Effect of Lacking Desirable Penal Ad Vocation of Women and Their Victim Being

161

Internat ional Jour nal of Economy, Mana ge ment and Social Sciences , 3(2) February 2014

Ad vocational method in differential penal policy aegis

As mentioned women are more disposable to victim being (whether outside or inside of the house) than men, thus discussion is about
preventing of their victim being or reduce danger of being victim or preventing frequent victim being. Because diffuse broad effects show
that danger of being feature victim for person who have been victim for once more than other. Also observations show these persons more
than others become victims of crimes. (Kaldron, 1993, 87)
There are no doubt that these potential victims need more ad vocation and help. Beside establishment of formal institutions and informal
institutions and humanity format ad vocation and care of women victim of familial violences, give enough teaching and awareness to
women in cases that dangers threat for care of themselves, teaching women ratio their humanity and legal right via media and encourage
them to expose violences against them inside of the house, making sensitivity and teaching to police personals, judges and lawyers about
how to contrast, follow and conflict with crime and violences that make victim women, make a safe house for referral of women who are
violence victim and
Vulnerability has an important position. Today penal law in differential penal policy eases has done a special ad vocation of women.
Besides these ad vocation in penal process by free law comradeship. Give more role to them for showing worries and their ideas, material,
metal and immaterial solatium and so on. Penal law in its natural dimension has noticeable developments which are bases on victim logy
and criminology view points.
Natural penal law for special ad vocation of vulnerable potential persons like women usually benefit from two main methods.

Special criminalization
Criminalization or legal treat crime of an action or leave it, is a process in which because of penal law, new behaviors inclusive penal law.
(Najafi Abrand Abadi & Hashem Beygi, 1998, 76)
One of the components to from a differential penal policy in victim women penal law zone is criminalization of some special behaviors in
this arena. Crimes that created just for special features of their victims mean women and it is different with generic criminalization in penal
law zone. Unlike victim infants penal law in which special criminalization for assumption and differential penal policy against victim being
of children have a long antecedent (Zeinali, 2003, from page 73 to end) in women victim being criminal policy arena and also Iran penal
law have not achieved many advances in using this mechanism.
It was just with increasing slogans in ad vocation of women rights affected by feminism movements that in recent decades some new laws
passed about domestic batteries that bring out this violences with special criminalization from public system zone and implicate penal
answers that is different from aggressions against men.
However in Iran penal laws there is no crime with spouse harassment title but law maker in some bases agrees to special criminalization
in differential penal ad vocation of women. In this base we can mention to 619 matter of Islamic penal law. Base on this matter; anyone
who disturb children or women in public places or path ways or insult them by term and acts that are contrary with their ranks condemn to
jail from two to six month and to 74 lash strokes or 622 matter of Islamic penal law that express; anyone who knowingly and
intentionally by beating and harassment causes abortion to her pay atonement or nemesis, condemn to jail from one to three years. And at
last in special criminalization for women victim being we can mention to 642 matter of Islamic penal law know it crime to not giving
alimony to women with having finance ability and woman condescension and anticipate three months and a day to five months for
criminal.
Thus for physical aggressions against women like murder, battery, both inside and outside of the house, our penal law maker tries special
criminalization. Usually law makers assumption of differential penal policy by special criminalization method follow two main purpose:
A) With special attention to women in penal law via take some special behaviors as crime thy try to send this massage that these activity are
very ugly. In this finding penal law may play descriptive worthy role.
B) By criminalization of some behavior and anticipating different more sever answers for them try to increase penal payment of crime
commitment against women. In this finding penal law plays the role of preventing penal via potential and practical threat of persons to
guarantee of doing the penal act.

Intensify criminals for being woman their victim

One of payments that potential criminal show in planning phases of criminal plan and committing it, is penal payment of crime
commitment.
Vulnerable persons like women are suitable goals for criminal because of their physical weakness, thus they have less danger and this
subject put the disposable of frequent victim being.
As one of the tools for making unattractive those targets and increasing crime payment, is a mechanism of intensifying penalty for those
criminals which their victims are more vulnerable than others. This method not only can be effective in initial victim being prevention via
influence potential criminal for frequent victim being, because it seems that the measure of happening second crime, against victim, depend
on his or her response to first crime.
Thus we can say that by the mechanism of intensifying penalty for criminals against their criminals aggression to women, penal law
makers try to make useless the process of passing from criminal thought and make disturbance in passing from criminal process with

Mahshid Mahtabi and Ghobad Naderi

162

Int ernational Journal of Economy, Mana ge ment and Soci al Sci ences, 3(2) February 2014

interfering in criminal situation via making unattractive those targets for potential criminals because of high payment in crime commitment
on them, with making an strong obstacle, so they can reduce the level of victim being.
Penal law makers in most countries have paid attention to this criminology fact and know woman being of victim as sever ingredient in
special situation about some crime like physical aggressions against them and intensify penalties of criminals that committed crime on
these people.
Like 4221 matter of France new penal law (1992) mentioned to murders of decision precedence commission, in its third paragraph
enumerates the murders on special people like pregnant woman as decision precedence commission. Even though it was accidently and
thus appoint life time jail penalty for them. Or base on 13222 matter the disablement of women for less than eight day in familial violences
would take as a misdemeanor however it was crime before. Generally a hard penalty awaits for criminal. (Lopez Filizola, before, 44)
A look at Iran penal law show that intensify penalties of criminals which their victim is a woman do not accepted as one of differential
penal policy components. In this base the policy has been inferred. Just in 206 matters commission of Islamic penal law and in indirect
way. Base on commission of this matter murder in the below cases are purposely; ((in cases that murderer doesnt intend to kill someone
and his action is not deadly but about that person it is deadly because of his or her sickness or old age or disability on being child and so on
and murderer knows about these conditions.)) and this commission base on C paragraph of 271 matter of Islamic penal law is being used
for mutilation and purposely may ham. Maybe we can mention to woman being of victim as an example for mentioned cases.
So we can say intensify criminals penalty for woman being of victims never assumed as a coherent and coordinated policy in Iran penal
policy and it has been acted inversely in some cases like physical aggressions against women.

Iran penal law makers approach and its outcome

As we said before differential penal policy for womens victim being of penal laws engendered in one side with special criminalization
aegis and in the other hand which intensify criminals of those penalties. Our law maker not only doesnt use of these two method as a
coherent and coordinated differential penal policy about womens victim being but also in some cases deprive them of an equal penal ad
vocation with men in criminal aggression against their body and soul and with back track of persons equalization in penal law give them
less penal ad vocation, that this problem have lots of negative effects and outcomes.

Women and penal ad vocation of them

After Islamic revolution victory in performance of making law base on Islamic revolution policy, some broad changes happened in Iran
penal laws. Emotion and excitement of Islamic government establishment in republic kind and performance of legal manual and
elimination of unlawful rule and causes to practically famous indults of jurisconsults become standard for evaluation legal sanction and
base on them laws legislate, repair and outmode. In fact scientific tent books of great references and some credible juridical books that have
been write before, become standard of evolution laws in other words, ideas and current indults of jurisconsults which hadnt any role in
peoples social life for years, become base of law makers. (Mehrpoor, Hossein, 1995, 107)
Thus without necessary expertise discussion and attention to scientific and criminology findings and adaptive penal law findings in battle
base with doing crime, Islamic revolution content to translation of juridical texts and law about Islamic punishment (1982) formed in four
books (universalizations, precinct, nemesis and atonements) that in 1991 after difference between congress and guardian council it passed
by system expedient diagnosis society with doing some reparations under title of Islamic punishments law.
This law against physical aggression like murder, mayhem, mutilation of women, adjudicate low penal for men criminal.

Women murder
Murder is the hardest physical aggression against someone that cause to waste his or her life and soul. And for this reason it is the most
important crimes in our laws and anticipated heavily for that penalty like hanging and life time jail base on 205 matter of Iran Islamic
penalty law anticipate nemesis penalty for purposed murderer.
But with scrutiny in Islamic penalties law as central core of Iran penal justice system it becomes clear that this sentence is some how
different about purposely murder of women. Base on 209 matter of this law every time a Muslim man murders purposely a Muslim
woman condemn to nemesis but woman parents or husband should give murder half of man atonement before doing nemesis. 210 matter
says every time a pagan murder another pagan on purpose he will nemesis however they were follower of two different religion and if the
slain was woman pagan, her parents and her husband should give murderer half of pagan atonement before doing nemesis.
Thus it shows that although Iran penal law maker anticipates nemesis for murder Muslim woman by Muslim man and murder pagan
woman by pagan man, but this penalty is not practicable unless woman parents or husband give murderer half of mans atonement and this
means persons gender being female cause less ad vocation for victim.
Against unintentional woman murder because her life is half of mans life, this effect of penal answer is obvious. Base on 300 matter of
Islamic punishment law atonements murder of Muslim woman whether purposely or unintentional is half of murder of Muslim mans
atonement.
Some people thought that whatever cause to increase mans atonement ratio against woman is economical situation and complete
responsibility of man in ways and means, because base on legal criteria and society dominant custom, man enumerate as family economical
base, therefore sever hurt that family living position take in is not comparable with death of woman. So law maker with purpose of

The Effect of Lacking Desirable Penal Ad Vocation of Women and Their Victim Being

163

Internat ional Jour nal of Economy, Mana ge ment and Social Sciences , 3(2) February 2014

preventing from collapse family economic and for securement possibility in suitable continuation of life, anticipate more atonement against
murder of man. (Sadeghi, 1999, 260 & Zeraat, 1999, 143)
In answer we should say that law making philosophy is based on humanity nature of human not base on the situation of person that law
performance about him or her. For example if we accept this that an addict old man or a profligate that doesnt supply his family in
economic way shouldnt receive atonement. Where as base on law soul pay no attention to this difference and providing murder of these
person complete atonement accrue them. Also this logic is not true for women who have the economic supervision of her family and have
complete responsibility about her family living securement. In the meantime this subject maybe true for past that women didnt have such
role in society but todays with broad presence of women in free or governmental jobs and also growing cultural and noticeable presence of
girls in universities that noted justification cant be acceptable because today women with men cooperate together in economical activities.

Womens mutilation and mayhem

Beside death subject, in sub soul wounds or physical aggressions except murder like mayhem and mutilation also Islamic punishment law
does less ad vocation for victim women base on 273 matter of Islamic punishment law; in nemesis of organ, woman and man are equal
criminal man will condemn for doing mutilation or mayhem against deformed was third or more than third of complete atonement that here
on when woman can does nemesis that pay half of atonement of that organ to man.
In fact with attention to this matter with increase level of hurt to woman the level of ad vocation decreases. And this means negative back
track from persons equality origin against penal law specially punishments and deprive women in equal ad vocation against men in
mutilation and mayhem to them. Thus Iran penal law maker in some cases like crime against women complete physical deprive them from
equal ad vocation with men. This subject can send this message that womans life is not equal with a mans life and mens life are more
valuable than womens life. And in another side base on criminologys and criminology opinions this problem can be expressed as a factor
toward more victim being of them whether in outside or inside of the family.

Possibility to victim regeneration of penal low

Findings of criminology and victim logy show differential penal ad vocation necessary of vulnerable potential persons like women intensity
punishment aegis of criminals that select them for their criminals target, the question in here is that inattention to mentioned criminologys
fact in tracing legislative criminal policy or in more simple word in codification of penal lows what effects and outcomes can have?
If we took victim being as one side coin, doing crimes the other side in fact each effort for decrease persons victim being, cause decrease of
doing crime. Some persons like women because of physical weakness and special social situation (in society like Iran) disposable. Danger
of victim being more than others. But something that undisputed is lacking of special function and view to these victims penal laws in
codification and special differential penal ad vocation to them may put them disposable victim being because they have been suitable
targets for a potential criminal for their weakness, low payment of crime commitment and lacking of obstacles it seems that they are the
first selection of criminals.
This subject when intensify that law maker not only doesnt give a differential penal ad vocation to women but also move a phase
backward and does less penal ad vocation in comparison with men. The policy that Iran penal law maker pursue in crime against women
physical totality.
Thus with decrease of penal payment of crime against women this low danger targets become lower danger and crime commitment on them
has lower payment. Therefore possibility of their victim being increase and this subject intensify in familial private area and far from
government supervision that black numbers of doing crime are high in them. Because the level of women victim being are high for familial
violences and this danger increases for less penal ad vocation by punishment laws for them. The subject in women physical crime that
cause surprise for human, is commission of sub soul crime against them that base on commission of Islamic punishment law in mutilation
and crime ratio women by men, up to one third part of men complete atonement, men and women are equal and men condemn to nemesis
for the crime has done upon woman are equal with this level. But when the atonement of wound that he did become more than this level
suddenly law makers penal ad vocation decrease to half for women.
It seems that this subject not only put women disposable to frequent victim being but also cause to increase violence against women and
persuade intent criminal to continue their criminals behavior and half of atonement from victim side and in other hand it cause to increase
the possibility of not gathering nemesis bets for him, base on 272 matter of Islamic punishment.
Thus the law that should make obstacle in passing of thought to crime phase in one hand and passing from criminal process in the other
hand, with a sign an illogical commission and less penal ad vocation for women may cause victim regeneration of penal law and thus
possibility of creation crime in indirect way .
Although confirmation of relation between less penal ad vocation of women and victim regeneration of this subject needs some broad
researches, but something that is clear is that criminologys research and findings demonstrate the women as vulnerable potential victims
are more disposable victim being danger than men so special penal ad vocation of them is necessary for decreasing their victim being by
increasing danger of crime commitment and in equal situation women are more disposable violence than men and base on the situation that
assign less penal ad vocation for them, their factor of victim being will increase.

164

Mahshid Mahtabi and Ghobad Naderi

Int ernational Journal of Economy, Mana ge ment and Soci al Sci ences, 3(2) February 2014

Discussion and conclusion

Iran penal law maker in Islamic punishment low not only doesnt following an (special) differential penal policy for ad vocation of women,
but also with negative back track from persons equality origin against penal law, does less penal ad vocation for them in crime aggression
against their physical totality. In crimes like murder, mutilation and mayhem in Iran penal law does less ad vocation of female sex, Base on
209, 210, 300, 273, 258 and sixth paragraph from 287 matter.
Victim logy and criminologys findings show that some persons are more disposable to victim being because of their special biologic
features, psychology and sociology are more vulnerable victims against potential criminals. Women can be put in these groups for their
physical weakness and special social situation. One of the ways that penal law makers do for increase penalty payment and decrease
possibility of victim being is positive back track from persons equality origin against penal law with putting more differential penal ad
vocation of women by special criminalization of some special behavior and intensify criminals penalty that their victim is a woman.
This less penal ad vocation of women in physical aggressions against them maybe take as a factor for increasing possibility and coefficient
of victim being because the payment of crime commitment on women is more less than men and beside outside of the house this coefficient
more increase in familial private areas that are far from government proctorship for its high level of black numbers of doing crime and
unknown violences against women.
So for prevention from victim regeneration of Islamic punishment law and there upon its increase crime regeneration, it is necessary to not
only eliminate prejudices but also Iran penal law maker should increase crime commitment on this vulnerable group by take a differential
penal policy in ad vocation of women with using of special criminalization mechanism and intensify penaltys of criminal that their victim
is a woman. And this subject can be as a factor for prevention of womans victim being in both inside and outside of the house.

References
Abbas Abdi 1988, Social issues of murder in Iran, first printing, Tehran jahad daneshgahi publication
Abdolali Tavajohi 1998, the place of victim in criminal policy of Iran. PhD thesis of criminal Law and criminology, Tarbiat Modaress university.
Abdolali Tavajohi and alihossein Najafi Abrandabadi 1999, victimology and the problem of unreported victimizations, journal of humanities. 3rd period,
No. 4.
Alihossein Najafi Abrandabadi and Hamid Hashembeigi,1998, encyclopedia of criminology, 1st printing Shahid Beheshti university publication.
Fahimeh Amirkhany 2000, female victims in penal system in Iran and UK. Masters thesis of criminal law and criminology, Faculty of Law , Shahid
Beheshti university.
Gerar Lopez and Gina Filigeolo : Victim and victimology : Translated by Roohoddin Kord Alivand and Ahmad Mohammadi, 2000, 1st printing Majd
Tehran cultural and scientific association.
Hamze Zeinali 2002, Innovations in the law to protect children and adolescents and the challenges facing it. Journal of science and research for Social
welfare, university of social welfare and rehabilitation, 2nd year, no. 7.
Hojat Alah, Mohammad Mehdi Jahangiri, Mojgan Sepah Mansour, Farzaneh Akhondian, Parisa Amjadian, Masoud Nosrati. "The Relationship of Social
Anxiety and Positive and Negative Affects with Persuasion Knowledge", Int. j. econ. manag. soc. sci., Vol 2 - No 9, 2013. pp. 676-679
Hossein Mehrpour, 1995, need for legislative change, Nameh Meybod magazine 1st year no. 2- Ghom.
Kristian Lazeroge: an introduction to criminal policy, translated by Alihossein Najafi Abrandabadi, 2002, Sharmizan Tehran.
Raymond Gessen, Introduction to criminology. Translated by Mehdi Keynia 1991, first printing, Allameh tabatabaee university publication Tehran.
Rozenbam, Denis Lorisioe Arthur and Davis Robert.
Situational prevention of crime, translated by Reza Parvizi 2000, Judicial and legal magazine.
Tajzaman Danesh 1987, who is guilty and what is ciminology? Keyhan publication, Tehran.