خلاصة:
The victim's consent and permission to the commission of a crime cannot eliminate the specific characteristics of a criminal act and cannot be considered as a justification for the crime, because it is in conflict with the general principles governing criminal law, and on the other side, the purpose of enactment of laws is the maintenance of law and order as well as the fulfillment of the public interests and rights. Hence, the consent of the victim against the commission of the offense cannot have a legal effect as a reason to approve an action and to prevent the punishment execution. However, in specific cases, the legislature has considered the victim's dissatisfaction as one of the basic elements in the development of crimes, so that the commission of such crimes requires the victim's dissatisfaction with the act committed against him/her. Thus, the victim's consent prevents criminal liability from being proven. In this article, it has been attempted to analyze, evaluate, and criticize the importance and effects of victim satisfaction in criminal responsibility from the perspective of Iranian law and the views of Islamic jurists.
ملخص الجهاز:
1-1-2-1-1-3- Jurists' Opinions The acceptance of either of these two theories brings multiple legal consequences; because if we consider retribution to be the right of the victim, in the event of the victim's pardon, the next of kin cannot demand retribution or blood money after his death, and if they proceed with retribution, they have committed a crime for which they themselves are entitled to retribution (Article 364 of the Islamic Penal Code, passed in 2013).
Therefore, if the victim waives their right to retribution for free, the next of kin will not have the right to demand retribution or blood money after their death; however, the judge may, when the perpetrator's action causes disruption to social order or creates a fear of the perpetrator or others repeating the act (Goldouzian, 1390, 140), with attention to Articles 2208 and 3612 of the Islamic Penal Code, sentence them to Ta'zir imprisonment 4 related to the public aspect of intentional homicide.
Haeri, Sayyid Ali ibn Muhammad Tabataba'i, (1418 AH), [Title in original], Al al-Bayt Institute (peace be upon them), Qom, 1 Article 54 of the Law of Hudud and Qisas passed in 1361: "With the pardon of the victim before death, the right to qisas is not waived, and the next of kin may demand qisas after his death.
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