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THE EFFECT OF THE RELATION BETWEEN THE OFFENDER AND VICTIM ON MITIGATION OF THE SENTENCE(Quoted) | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 1, Volume 9, issue 35 part 2, 2020, Pages 1-24 PDF (633.94 K) | ||
| Author | ||
| Hozan H.Mohammed | ||
| Abstract | ||
| Crimes do not committed always in plain situation, but it might be committed in circumstances that reveal the dangerousness of the perpetrator and the graveness of the crime. Such circumstances ought to be considered in assessing the sentences for the criminals in order to make the punishment appropriate to the crime in the way where is committed. Among these important circumstance is the special relation between the criminal and its victim. This relation might be family bond that is protected in most penal code due to the importance of the family as a main unit in society structures. The family relation might impact the sentences in a way to aggravate it because it discloses the seriousness of the criminal, on the other hand the same relation might be the reason to mitigate the sentences of the criminal when the family relation reveal that the motive does not infer any dangerousness but the disturbed sole. The family relation that bond between the criminal and the victim is very important for the legislators in assessing the criminal liability of the perpetrators and in determining the sentences of their crimes, in order to provide the protection for such relations and ensure the security of the people. In this paper I will discuss the nature of the family relation between the criminal and victim and its impact on the sentences of the crime that were committed against victim who are bond with the criminals with family relation. | ||
| Keywords | ||
| penal code; murder; Iraq; adultery; the victim | ||
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