چکیده:
Women play a very important role in the family and consequently in society; the role of motherhood, raising and educating children in the family, and general and specific obedience to the husband are among the most important duties of women in the family, which if they are properly fulfilled, society will also progress. In response to these important legal duties, women must also be provided with the necessary support so that they can fulfill these duties properly. Although the Islamic Penal Code approved and the Family Protection Law approved in have made progress in protecting wives compared to previous laws, there are still serious gaps in dealing with domestic violence; including ignoring marital discord and sexual violence against wives. In this study, using an analytical-descriptive method and with the aim of understanding the developments governing the regulation in the field of criminal protection of women, we have examined the process of developments in the drafting of the bill "Preventing Women from Being Injured and Promoting Their Security Against Abuse". The Family Protection Law approved, which dedicated its seventh chapter to criminal regulations in the field of family, should have paid more comprehensive attention to this type of protection. In these regulations, despite some new criminalizations such as failure to register a temporary contract for the first time and expanding the scope of criminalization of abandonment of alimony, there are also gaps such as the lack of criminalization of marital discord and sexual violence against the wife. It is better for the legislator to criminalize these cases in order to realize a differentiated criminal policy for the wife. It should also deprive the husband of some mitigating institutions in crimes committed against the wife, and even intensify his punishment. In addition to civil and restorative guarantees, criminal guarantees should also be considered in a combined and sequential manner in order to provide differentiated criminal protection for the wife.
خلاصه ماشینی:
Despite this, many of the mentioned articles, in their entirety, are not rules for protecting women in the family environment but, from the perspective of legal experts, are a type of criminal law intervention in the family sphere for the purpose of preserving the entity of the family as the core and fundamental institution of society.
However, the important issue is that despite the drafters of the final text changing their perspective on the subject and adopting the view of minimal criminal law intervention in family-related harms and removing many criminal titles, they have not taken effective action toward their stated goal, which is centering the family; even in the types of non-criminal preventive measures provided, we have not witnessed an effective and proportionate action in this regard.
If the legislator is pursuing the current objectives stated in the bill, it is better that, in accordance with the title of the latest text of the bill, the bill addresses matters that have a non-criminal preventive aspect, and matters for which criminal regulations have been established should be removed from the bill, and similar to Article 28 of the bill, a note or clauses should be added to the articles related to each subject in the previously existing laws, including the Islamic Penal Code (Book Five: Ta'zirat) approved in 1996, the Computer Crimes Law approved in 2009, and the Family Protection Law approved in 2012, and take action to determine differential responses toward women as victimized offenders in need of protection.
(
, 
, 
)
