THE LEGAL FRAMEWORK FOR THE CRIME OF SEX CHANGE IN JORDANIAN LAW: A COMPARATIVE STUDY
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Abstract
This study aims to shed light on the crime of changing sex, as a new crime in Jordanian law, by clarifying what this crime is by explaining its concept and elements, as well as explaining the difference between sex change and similar terms. This study deals with the inductive, comparative and analytical approach, in addition to the descriptive approach, in order to clarify the nature of the sex change crime by comparing the position of some Arab laws on the issue of sex change.
The study reached many results, the most important of which are: that it did not stipulate a penal liability resulting from the act of the person who changes his sex, but rather he can be punished based on the provisions of the criminal contribution that he is an instigator to commit the crime of changing the sex, and that the Jordanian legislator, when mentioning the penalty imposed on the service provider, did not stipulate On the punishment of the moral service provider, as he only mentioned a penalty of deprivation of liberty, which is a punishment suitable for the natural service provider, and accordingly, the researcher recommends the creation of a legal text that includes a statement of the penal responsibility resulting from the act of the person who changes his sex, and also adding a financial penalty to the service provider represented by the fine .
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