Normative Foundations of Collective Compensation Making for Victims
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 10 No. 35 (1399),
1 July 2020
,
Page 1-10
https://doi.org/10.22037/bioeth.v10i35.27049
Abstract
Background and Aim: This study was conducted in relation to moral and social supports for victims and their physical and psychological alleviation. It also aimed to explain the theory of co-compensation of crime victims and analyze its normative foundations.
Materials and Methods: In this descriptive study, after the purposeful search and review of resources, the theory of co-compensation was explained and its normative foundations were analyzed.
Findings: One of the most important concerns of legal systems is to compensate for all damages and losses incurred by the crime in the shortest time and the most convenient manner outside the process of criminal court proceedings irrespective of the prosecution or punishment of offender his ability or inability to compensate for damages. This issue will be possible when a Co-compensation system is governed. The corner stone of this theory is that the Government or NGOs will compensate the harms and then sue the offender to receive paid remedies. The normative foundations of this policy are justice, social solidarity and the necessity of supporting victims of crime. This theory involves the restoration of material, emotional and even medical damages.
Ethical Considerations: Honesty and confidentiality have been observed.
Conclusion: In Iranian criminal system, except for the notion of Zeman Aghele that is an exceptional institution derived from criminal jurisprudence, there is no specific regulation and judicial procedure related to collective compensation for losses outside the judicial system. It is recommended the principle of Collective Compensation be established by the criminal policy makers.
Cite this article as: Gholipour Jamnani F, Ehsanpour SR. Normative Foundations of Collective Compensation Making for Victims. Bioethics Journal 2020; 10(35): e8.
- Offender; Victim; Compensation Making; Normative Foundations; State
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References
KordAlivand R. Victim and Victimology. 2nd ed. Tehran: Majd Press; 2009. [Persian]
Haji Dehabadi A. Victim Confiscation Offender. Figh & Law J 2005; 12(2): 97-111. [Persian]
Rayejian Asli M. International Victimimology, Rights of Victims. 1st ed. Tehran: Shahr Danesh Press; 2013. p.39. [Persian]
Donner W. Victimology. 6th ed. USA: Anderson Publishing; 2012.
Moriarty J. Controversies in victimology. 2nd ed. Virjinia: Anderson Publishing; 2014. p.21.
Rayejian Asli M. Victimology & Criminal Sciences. 1st ed. Tehran: Shahr Danesh Press; 2012. p.114. [Persian]
Hall M. Victim of Crimes. 3rd ed. Paris: Palgrave Macmilan Press; 2017. p.64.
Abrandabadi AH. Criminal Policy. 7th ed. Tehran: Shahid Beheshti University Press; 2018. p.40. [Persian]
Bazyar A. Govermental Remedy for Victims. 4th ed. Tehran: Tarbiat Modarres University Press; 2007. p.23. [Persian]
Katuzian N. Compulsory Responsibility. 18th ed. Tehran: Tehran University Press; 1998. p.233. [Persian]
European Convention on the Compensation of Victims of Violent Crimes Strasbourg, 24/11/1983.
Fallahi A. Comparative Study on Victim Compensation. 1st ed. Tabriz: Tabriz University Press; 2009. p.14. [Persian]
Wolhuter L. Victimization and Rights. 4th ed. USA: Rutledge-Cavendish Press; 2009. p.200.
Abrandabadi AH. Introduction to Criminal Policy. 2nd ed. Tehran: Mizan Press; 2013. p.130. [Persian]
Wolbert Burgess A. Victimology: Theories. 7th ed. Canada: Jones Publisher; 2018. p.210.
Walklate S. Handbook of Victims and Victimology. 4th ed. London: Rutledge Press; 2017. p.110.
Kett M. International Handbook of Victimology. 6th ed. USA: CRC Press; 2019. p.58.
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