Examining the Determination of Punishment in the Light of the Characteristics and Actions of the Victim, with Emphasis on Conversion, Mitigation and Exemption from Punishment

The legal principles that the judge should pay attention to in determining the penalty; There are four clauses mentioned in Article 18 of the Islamic Penal Code. These four clauses are: a) the motive of the perpetrator and his mental and psychological state while committing the crime, b) the method of committing the crime, the extent of breach of duty and its harmful results. c) Actions of the perpetrator after committing the crime and d) Records and personal, family and social situation of the perpetrator and the effect of punishment on him. In such a view, the victim has no place and no effect of his intervention can be seen. The part that the current research intends to examine with a descriptive-analytical method, but has not been considered in the clauses of Article 18; It is "victim state" and also "victim's effects on the victim". The results of this research show that the individual characteristics of the victim (gender, race, religion, relationship of the victim with the criminal and physical or mental disability) and the actions of the victim (incitement, illegal action, compensation and consent of the victim) can be effective in determining the punishment. Also, the reason for the inclusion of aggravating and mitigating factors is that in the essence of each of them, they intensify or reduce the risk of injury and the degree of blameworthiness. Therefore, it can be said that these factors can be examples of the main constituents of mass proportion.