The main sexual crimes in Afghan law with an emphasis on the penal code

Document Type : Specialized scientific

Authors

1 Islamic Azad University-Kabul Branch

2 Bakhter University, Kabul Afghanistan

10.22034/cr7.2024.100646.1032

Abstract

Examining the legal status of sexual crimes, from the perspective of Afghan law, with an emphasis on the penal code, is the most fundamental discussion of this research. Sexual crimes are crimes against chastity and morals that are committed between at least one man and a woman, or a woman with a woman, or a man with a man, with or without the consent of both parties. This research is based on an analytical and descriptive method and tries to investigate the criminal status of the main sexual crimes from the perspective of Afghan law and penal code. The legal documents of this research, in addition to the criminal laws of Afghanistan, are some internal documents such as legislative documents of the country. The findings of this research showed that in a general anthology, sexual crimes are divided into main and minor, and examples of main sexual crimes are the main topic of this research. Examples of the main sexual crimes are adultery, sexual assault, levitation, sexual intercourse, and adultery. The basis of criminalization of these crimes is, in fact, the preservation of chastity and public morality, and it should be known that secondary sexual crimes are related to direct sexual crimes and have differences as well. Direct sexual crimes have conditions and elements, in addition to which the commission of these crimes has legal, cultural and social reactions. The explanation of the main sexual crimes in Afghan law according to the penal code is a topic that is referred to the development of legal data and the solution to the problems of criminalization of some main sexual crimes.

Keywords

Volume 4, Issue 1 - Serial Number 7
September 2024
Pages 25-46

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