The Wife's Alimony Desertion in Iranian Legal System (Measuring Models of Criminalization and Punishment)
In the Iranian legal system, non-financing of the family institution by the head of the family is criminalized as "desertion of alimony". The present study has focused on the evaluation of criminology and punishment of the mentioned crime by descriptive-analytical method and using library...
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| Format: | Article |
| Language: | fas |
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Imam Sadiq University
2022-05-01
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| Series: | فقه و حقوق خانواده |
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| Online Access: | https://flj.journals.isu.ac.ir/article_76260_486ed0d2b1a79e598ef24994cc2513d6.pdf |
| Summary: | In the Iranian legal system, non-financing of the family institution by the head of the family is criminalized as "desertion of alimony". The present study has focused on the evaluation of criminology and punishment of the mentioned crime by descriptive-analytical method and using library resources. Despite the many objections to the criminal response to the crime of alimony desertion, the findings of this study show that, as a matter of law, the criminalization of this behavior is defensible based on the "refining criminalization model" and the prediction of imprisonment is also based on the basis of the "targeted punishment model" can be justified. However, due to considerations related to the institution of the family, in the position of punishment and execution, it is necessary to resort to "correctional programs" and "use of alternatives to imprisonment". The issues that have been made more and more available to judges with the approval of the Law on Reducing Punishment Imprisonment approved in 1399 and halving the mentioned punishment. |
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| ISSN: | 2538-5291 2538-5283 |