THE EFFECT OF THE VICTIM'S STATUS ON INCREASING THE PUNISHMENT FOR CRIMES AFFECTING THE RIGHT TO LIFE
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue issue 34 part 1, Pages 1-32
AbstractThis study illustrates that victim's trait has an effect on the fields of punishment by determining the criminal responsibility of the offender to aggravate the punishment for crimes against the right to life. If the victim has a familial relationship to the offender, this familial relationship can have an aggravating effect on punishment against the offender, and in this case the offender has been denounced familial and blood relationship and it has also betrayed the trust and contentment entrusted to him.On the other hand, this study indicates that the victim's age has an impact on aggravate the punishment of the perpetrator of crimes against life. When the offender commits a crime against a young victim who is incomplete maturity and physically weak that unable to defend himself in order to prevent the offender from committing his act easily, as well as his incomplete maturity, which makes it much easy prey in the hands of the offender. Furthermore, the criminal legislator have paid attention to the professional status of the victim which has an impact on the field of punishment, such as if the victim is an employee or a public service officer, and the crime was committed while performing his or her duties or because of it. Some criminal legislators take the victim's trait into account; whether he belongs to particular denominations which have an effect on aggravate the punishment.This study finally revealed that certain attributes of the victim in the crime of suicide have an effect in determine the liability of the offender to aggravate his punishment, such as if the victim is under a certain age or has deficiency in perception and will or even he doesn't have it at all or if the victim is a psycho or similar to that.
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