Document Type : Research/Original/Regular Article
Authors
1
PhD student in Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran
2
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran
10.22106/jlj.2025.2051022.6184
Abstract
Sociological research indicates that prosecutorial authorities hold significant discretion in initiating and shaping criminal prosecution. Their decision-making processes, prosecution outcomes, and internal interactions within the prosecutorial system are often influenced by anthropological and extralegal factors. This study seeks to answer the question: How does the gender of the prosecutor, as an extralegal factor, impact decision-making processes within the criminal prosecution system? To address this question, qualitative methods were employed, including content analysis of documents, records, and judicial case files from December 2022 to March 2024. Additionally, in-depth interviews were conducted with 26 actors in the criminal justice system, including 8 female assistant prosecutors, 7 male prosecutors and assistant prosecutors, 6 attorneys, and 5 court staff. The findings reveal that female prosecutors, due to the prevailing male-dominated organizational culture, strive to make decisions in the prosecution process free from gender-based stereotypes. They demonstrate higher levels of precision and responsibility. On one hand, in cases involving crimes against women, they exhibit heightened sensitivity and a stronger inclination towards aggressive prosecution, supported by in-group bias and defensive attribution theory. On the other hand, these actors adopt a different approach in cases involving female offenders, seeking greater support for such offenders through measures like reducing criminal charges and utilizing mediation and reconciliation mechanisms. It should be noted that this policy is primarily applied in offenses that do not conflict with traditional notions of femininity.
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