Marriage's Negative Use
From the small number of
survey responses that provided further information as to
the circumstances under which marriage may be used as
settlement, we learnt the following:
In Greece, it appears that marriage as settlement is permitted for “seduction” of a child. Where the perpetrator and the survivor get married, the criminal prosecution lapses and is declared inadmissible. In the case of future annulment of the marriage the prosecution is re-opened.
In Iraq, if the perpetrator lawfully marries the victim, any legal action becomes void and any investigation or other procedure is discontinued. If a sentence has already been passed, then the sentence will be quashed.
In Jordan marriage as settlement is permitted unless the perpetrator divorces the survivor without just cause within 5 years of the of fence, in which case the punishment for the crime will be implemented.
In Kuwait, if the perpetrator legally marries his victim with the permission of her guardian and the guardian requests that he is not punished, then the perpetrator will not be punished.
In Russia exemption from punishment due to settlement between the perpetrator and the complainant can occur if a crime of little or average gravity as classified by the Criminal Code is committed and it was the first time the perpetrator committed such a crime.
In Singapore settlement is possible where the perpetrator “assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person”.
In Greece, it appears that marriage as settlement is permitted for “seduction” of a child. Where the perpetrator and the survivor get married, the criminal prosecution lapses and is declared inadmissible. In the case of future annulment of the marriage the prosecution is re-opened.
In Iraq, if the perpetrator lawfully marries the victim, any legal action becomes void and any investigation or other procedure is discontinued. If a sentence has already been passed, then the sentence will be quashed.
In Jordan marriage as settlement is permitted unless the perpetrator divorces the survivor without just cause within 5 years of the of fence, in which case the punishment for the crime will be implemented.
In Kuwait, if the perpetrator legally marries his victim with the permission of her guardian and the guardian requests that he is not punished, then the perpetrator will not be punished.
In Russia exemption from punishment due to settlement between the perpetrator and the complainant can occur if a crime of little or average gravity as classified by the Criminal Code is committed and it was the first time the perpetrator committed such a crime.
In Singapore settlement is possible where the perpetrator “assaults or uses criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person”.
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