Document Type : Academicm and Research
Authors
1 PhD student in law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2 assistant professor/islamic azat univercity- north tehran branch
3 Associate Professor of Islamic Azad University, North Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
The family is the most important social institution, which is the origin of the upbringing of the members of the society. Considering the importance of the crime of domestic violence, and the impact it has on the society, and taking into account the difficulties of proving this crime due to its occurrence in the private environment of the family, we decided to study on the methods of proving the crime of domestic violence in the three countries, Iran, England and France. also examined with the method of comparative study and find an optimal way to support the victims and also to punish the criminals justly. The findings show, the principle is based on the innocence of the accused, this way, the occurrence of these crimes cannot be easily proven. The two main common challenges facing the three countries are, firstly, the crime scene, i.e. the home as the privacy of individuals, secondly, the emotional and private relationship between the perpetrator and the victim, which is the duty of supervisory institutions such as the police, and traditional proofs of litigation such as documents and testimony. It makes intuition inapplicable. In terms of mechanism, in order to prevent the crime of domestic violence and ease its proof, criminalization for submitting reports in domestic violence crimes, immediate handling of received reports, reversal of the burden of proof in cases where there is a strong suspicion of committing a crime. Yes, protective orders to compensate the damages caused to the victim can be effective.
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