Effect of Premenstrual Syndrome on Delinquency

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چکیده مقاله:

Background and aim: The criminal response to the crime is stopped and affected by the emergence of several elements such as the legal element, the material element and the spiritual element. The lack of any of these elements impairs the criminal capacity of individuals. Mental illness and disorders are among the factors that change the punishment due to its effect on the psychological element of the crime. Premenstrual syndrome or PMS is a condition known as a mental disorder and despite the impact of this disorder on punishment in many countries, and despite the jurisprudential background and the impact of menstruation on the provision of certain substances in the relevant laws of Iran, but the impact This syndrome has not been taken into account in changing the punishment in the law. Method: This descriptive-analytical study examined the word "torment" in verse 222 of Surah Al-Baqarah and the course of womenchr('39')s physical and mental reactions to premenstrual syndrome. Also relying on medical and legal evidence to examine the feasibility of the effect of this syndrome on the lack of the mens reaof crime and intent, as a result of the loss of a personchr('39')s criminal capacity. Results: In the present study, it was found that premenstrual syndrome has the potential to be classified as a mental illness. Also, the relationship between this type of syndrome and a personchr('39')s behavior was medically proven that this effect can be reflected in the verdicts. Ethical Considerations: In his research, the researcher seeks to clarify ambiguous issues and in order to reach an appropriate answer; he tries to follow his path to his goal through logical methods. In the present study, by observing the trust of the sources used, an attempt has been made to apply all the ethical considerations required in a research. Conclusion: Premenstrual syndrome or PMS is one of the mental illnesses that can affect a personchr('39')s behavioral states, which results in disruption of the constituent elements of the crime. Please cite this article as: Alishahi Ghalehjoughi A, Riyahi Rad S. Effect of Premenstrual Syndrome on Delinquency. Iran J Med Law 2021; 14(55): 111-139.

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عنوان ژورنال

دوره 14  شماره 55

صفحات  111- 139

تاریخ انتشار 2020-12

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