THE ROLE OF THE VICTIM (MAJNI ‘ALAYH) IN THE COMMISSION OF TAʿZIR CRIMES

Аннотация

The present research, entitled “The Role of the Victim (Majni ‘Alayh) in the Commission of Taʿzir Crimes”, examines the position of the victim in the process of criminal occurrence. In classical legal systems, the victim was predominantly regarded as an innocent party, deserving unconditional protection; however, modern victimology reveals that the victim may also play an active role in the genesis of crime. The value of this research lies in its focus on taʿzir crimes, demonstrating how the conduct, personal characteristics, and social conditions of the victim can contribute to the commission of crime and, in certain cases, influence the determination of the type and degree of penal response. The importance of this subject stems from the fact that identifying the role of the victim not only assists criminal policymakers in adopting preventive measures, but also serves as a decisive factor in judicial proceedings and criminal justice. The objective of this research is to analyze legal and jurisprudential cases in order to clarify the relationship between the victim’s actions and the commission of crime, thereby uncovering dimensions of the issue that have received less scholarly attention. The principal research question is centered on the extent to which the victim can play a role in the commission of taʿzir crimes, and how this role impacts criminal policy and penal response. The research method is library-based, relying on legal, jurisprudential, and criminological sources, and the type of research is descriptive–analytical. The findings indicate that in crimes against persons, property, and individual freedoms, the victim’s role may range from provocation to facilitation of the crime; in some cases, the legislator has even adjusted or modified the penal response based on the victim’s conduct. These findings underscore the necessity of incorporating victimology into Afghanistan’s criminal policy and reconsidering the framework of victim protection.