Retribution and Sex Reassignment Surgery (SRS) After a Crime Occurrence

One of important subjects and issues discussed in medical sciences that caused occurrence of new legal and jurisprudence issues in the society is sex reassignment surgery (SRS). Although in the past these discussions existed more or less. However, 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 this article, the penal effects of sex reassignment surgery (SRS) in retribution (including breath and organ retribution) on condition of offender and victim of an offence, regarding issues of a verdict and execution of punishment are considered. This is a descriptive and analytical study, and the method of gathering data is analytical research through library for gathering contents by taking notes. Also in the mean time, attending in person the Office of Social Victims Affairs of Welfare Organization of the country, National Forensic Medicine Organization, Institute for Criminal Sciences and Criminology Research, Faculty of Law and Political Science of Tehran University, and also for obtaining relevant religious decree from great references personal visit were paid to their offices. Direct discussion were also made with lawyers and professors of law and religious jurisprudence and using their views were effective in advancing and enriching this research. In the case of sex reassignment surgery (SRS) is affected in regards to all medical standards updated 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 the current Iranian legal system conditions and in regards to religious famous juridical documentation, sex reassignment surgery (SRS)’s applying all orders and its penal effects in retribution case (including breath and organ retribution), applying issue of a legal order and execution of punishment to offender and victim of an offence will be according to their previous sex. While considering the necessities of medical treatment of transgender people in accordance with recognized opinion and the necessity of treatment of these individuals and determination of their true gender, the legal and penal laws and regulations, which should be applied to their former gender, shall be considered.