Sexuality Change and its Criminal Effects

Sexuality change is one of the important issues that have led to the emergence of new legal and criminal issues that have never been before. If a person commits a crime in accordance with sex change regulations and has committed a crime before the change, but the sentence has not been issued or has been issued, but not enforced, will the sexuality change affect the punishment of the offenses in question? In spite of the fact that the legislator in the Islamic Penal Code on various materials, wherever he was the subject of an offense and committed a crime, refers to anyone who, or any man and every woman, has the same distinction in the subject and the perpetrator crime is not gender-based. On the other hand, there are also offenses that, due to the type of crime, the subject of the offense is only one of the two males or females, so that if the subject changes one of the males to females or vice versa, the type of crime committed and its punishment has also changed, and sometimes even the criminal character of action is lost. The purpose of the present research is to respond to the criminal effects of sexuality change in light of the legislator's silence and the lack of explicit legal clarification on gender change. The method of research is an analytical and descriptive method, which is done by studying books, articles and consulting with lawyers and specialist doctors. This study, with jurisprudential and legal review, led to the conclusion that what is important is the importance of gender in the crime at the time of committing a crime, even if his sex after the crime was changed.