Consent of Offender to Sentencing: Foundations and Reflections

Consent is a complicated concept for definition. There are three approaches in definition of consent. In subjective prospective consent is minded concept and in the objective prospective consent is an action which must be expressed and in the last one the consent has both characteristics. Consent of victim in criminal law is a conventional subject in general part of criminal law. In this context consent is an excuse or defense. Therefore consent transform a theft to gift and decriminalize the rape. Consent of offender is less discussed in the criminal law. Consent of offender has various dimensions: consent of offender to punishment in philosophy of punishment; consent of offender in criminal procedure law and consent to sentencing. This article seek to explain about consent to sentencing. Consent of offender to punishment is an exceptional issue because in the modern criminal law the punishment is a sole state instrument for inflicting the pain and suffering. In Islamic criminal Code (2014) in three cases the constant of offender is necessary for sentencing. Semi-detention, electronic surveillance and community punishments. Respecting to the right of autonomy and human being’s dignity and contractualisation of criminal law is principal reasons of this matter.