The Effect Of Social Gender On The Judicial Conviction Of The Premeditated Murderous Woman

Abstract

This research deals with (The effect of social gender on the judicial conviction of the premeditated murderous woman), so if the criminal legislator in the Penal Code did not take into account gender when drafting the texts of the Penal Code, whether the texts related to the rules of criminalization and punishment, or the texts related to the rules of permissibility or Circumstances of mitigating and aggravating punishment. Does the criminal judiciary also not take into account gender when issuing its rulings in the criminal cases before it. If the criminal judiciary is not able to take into account gender within the scope of the positive rules of the penal code - the rules of criminalization and punishment - due to the fact that this relates to the principle of legality of crimes and penalties, but the criminal judiciary and in light of its discretionary power that it exercises within the scope of the controls drawn by the criminal legislator, It is inevitably very broad, so sometimes he has the authority to assess the extenuating circumstances, and another to assess the availability of excuses that excuses or extenuates, and thirdly to assess the availability or absence of aggravating circumstances, and since premeditated circumstances are among the most severe of these circumstances that lead the penalty of murder to the death penalty, so the research deals with the study and analysis of the provisions of the criminal justice and whether these provisions were taken into consideration by gender when assessing the availability or absence of the premeditated murderer of the woman.