Theoretical analysis of laws and regulations governing victimization

Authors

1 PhD student in Law, South Tehran Branch, Islamic Azad University, Tehran, Iran

2 PhD in Law and faculty member of South Tehran Branch, Islamic Azad University, Tehran, Iran

Abstract

In this article, a legal analysis of the laws and regulations governing victimization has been conducted with the aim of providing a comprehensive and complete review of the laws and regulations, as well as the shortcomings and harms of these laws. The fundamental question is how victimization is expressed in the laws and regulations of the country and the protection law, and what are the shortcomings and limitations of these laws? Using a descriptive-analytical research method and extensive study of legal texts and judicial practice, it was concluded that in addition to the incomprehensibility and weakness of existing laws, especially in emerging crimes in cyberspace such as child modeling, some of the penalties such as paragraphs one to six of Article 10 and paragraph e of Article 9 of the Law on the Protection of Children and Adolescents, all of which are related to sexual abuse, are also inadequate. Prevention and support for child victims has weaknesses and deficiencies in areas such as enforcement guarantees, theoretical foundations, and deterrence. Therefore, it seems that after a general look at the laws and regulations in general and the collection and thematic classification of laws governing child and adolescent victims, we can conclude that the legal policy in this field is a supportive-differentiating policy. Therefore, after proving that their isolation is a form of protective isolation and that their lack of criminal responsibility is also protective in the matter of delinquency, the same policy can be proven in the same way in the matter of their victimization.

Keywords