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Feasibility Assessment of the Effect of Premenstrual Mood Swings in the Trial and Sentencing Stage; A Comparative Study
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Behrooz Javanmard *1    , Mahboobeh Farshad1 , Sahar Fatemi2 |
1- Department of Criminal Law, Faculty of Humanities, Electronics Branch, Islamic Azad University, Tehran, Iran.
2- Department of Criminal Law, Faculty of Humanities, International Campus, Islamic Azad University, Kish, Iran. |
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Abstract: (617 Views) |
Background and Aim: Menstruation is one of the specific characteristics of women and causes mood swings in women both before and during this period. The question that the authors seek to answer in this article is whether it is possible to find a basis to consider the mood swings of PMS syndrome as one of the qualities of the judicial abbreviation or not? The current research was conducted with the aim of recognizing and studying the feasibility of accepting the impact of mood swings caused by PMS syndrome and its possible role in reducing criminal liability as a judicial mitigating factor.
Methods: The present article is considered practical in terms of its purpose. Considering the type and nature of research and data collection methods, it is descriptive-analytical and based on library studies.
Ethical Considerations: In the present article, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.
Results: There is no solid evidence to prove that premenstrual syndrome causes crime. But if we accept that premenstrual syndrome affects the resilience and tolerance of a group of women, then it is appropriate to examine how to use this evidence in criminal proceedings, especially in the sentencing stage. The fact is that evidence of premenstrual syndrome does not fit as a defense based on the lack of mens rea. Therefore, the authors believe that these evidences cannot create a basis for a special and new excusing exempt related to women's gender.
Conclusion: In terms of the theory of diminished criminal responsibility and accordingly the use of lenity-based foundations, it is appropriate to tend towards a more flexible sentencing verdict; therefore, it is appropriate to consider premenstrual syndrome in the sentencing phase of the Iranian legislator to amend Article 38. The Islamic Penal Code should be placed. |
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| Keywords: Women's Menstruation, Premenstrual Mood Swings, Mitigating Factors, Diminished Criminal Responsibility |
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Full-Text [PDF 477 kb]
(245 Downloads)
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Type of Study: Original Article |
Received: 2023/08/29 | Accepted: 2023/12/16 | Published: 2024/02/4
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