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Criminal Effects of Gender Reassignment After Committing a Criminal Offense
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Abdulali Tavajohi1   , Hossein Ardalan 2 |
1- Department of Criminal Law and Criminology, Faculty of Humanities, Shahed University, Tehran, Iran
2- Department of Criminal Law and Criminology, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran , hoseinardalan4@gmail.com |
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Abstract: (1221 Views) |
One of the important subjects and issues in medical sciences that has caused the emergence of new legal and jurisprudence issues in the society, is sex reassignment surgery (SRS). Although in the past, these discussions have more or less been under discussion, nowadays due to technological progress and medical science achievements, new aspects of this subject have emerged. Despite different views concerning sex reassignment surgery (SRS) permission, famous jurisprudents have in principle accepted the act of sex reassignment surgery (SRS) as such, if it is required and necessary and based on medical prognosis. In case of sex reassignment surgery (SRS) will be affected with due regards to all updated medical standards and diagnosis of a medical expert, is conform to legal rules and principles of laws, and is not in conflict with public order and good ethics. Thus, in present Iranian legal system conditions and concerning religious well-known juridical documentation, sex reassignment surgery (SRS)’s applying all orders and its penal effects in punishing the perpetrator, both men and women will be punished for their current gender. Ultimately, owing to the necessity of treating transgender people according to popular opinion and the need for treatment and determining the sex of these people, based on the current gender, legal and criminal rules should be considered about them. |
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| Keywords: Gender, Sex reassignment surgery, Transgender, Jurisprudence, Ta’zir and criminal effects |
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Full-Text [PDF 505 kb]
(409 Downloads)
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Type of Article: Review Article |
Subject:
Medical Law
Received: 2021/05/10 | Revised: 2022/02/9 | Accepted: 2022/01/18 | ePublished: 2021/12/6
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