The scientific study of the criminal phenomenon remained incomplete because of the lack of study of the victim, which represents the third element in this phenomenon next to the criminal and crime, until the emergence in 1948 of a new branch concerned mainly with the scientific study of the victim called the science of the victim Victimologie and the first seeds of the birth of the victim's knowledge to the efforts made by each of (Gerspin, von Hentage, Ellenberger and Mendelssohn). It should be noted that it is not sufficient for a person to be considered a victim who has suffered direct harm in the commission of the crime, but that such damage must take the form of a criminal consequence. The victim of the crime is not required to be the victim, in the sense that the damage resulting from this crime does not need to take the form of the criminal result, although they often unite so that the victim is the same as the victim of the crime, but if they actually differ, the victim of the crime is the one whom the legislation gives greater protection than the victim in view of the damage suffered. For this reason, some argue that French law does not arrange for the victim as such any right, but always assumes that it is the holder of a civil right, and only accepts it as such. Accordingly, a civil claim may be made by the victim, and he may not initiate a lawsuit by direct claim in the countries that adopt this system, as the injured person in comparative legislation is terminically called the expression civil plaintiff.
Hashish, W. M. M. (2024). The character of the victim and its impact on reducing the penalty.. Journal of Legal and Economic Research, 14(90.), 1-36. doi: 10.21608/mjle.2024.393492
MLA
Wafaa Muhammad Muhammad Hashish. "The character of the victim and its impact on reducing the penalty.", Journal of Legal and Economic Research, 14, 90., 2024, 1-36. doi: 10.21608/mjle.2024.393492
HARVARD
Hashish, W. M. M. (2024). 'The character of the victim and its impact on reducing the penalty.', Journal of Legal and Economic Research, 14(90.), pp. 1-36. doi: 10.21608/mjle.2024.393492
VANCOUVER
Hashish, W. M. M. The character of the victim and its impact on reducing the penalty.. Journal of Legal and Economic Research, 2024; 14(90.): 1-36. doi: 10.21608/mjle.2024.393492