Abstract
According to Articles Nineteen and Twenty of the Iranian Constitution, all individuals, including men and women, are equally subject to criminal laws, and gender makes no dual standard. However, although both men and women have equal rights as they are human beings, what comes from criminal laws and regulations indicates the distinction between them in terms of rights and duties.
Another noteworthy issue is that, neither before nor after the Islamic Revolution, no law has ever been passed in the Iran’s criminal laws regarding the punishment of perpetrators with a hermaphroditism disorder.
In the present paper, the impacts of hermaphroditism on the realization of sex crimes, the treatment of criminal cases of hermaphrodite children and the execution of their sentence are investigated given the specific characteristics of these individuals and the gender difference of age responsibility for criminal cases. In this vein, there were used descriptive-analytical method and applied approach and the substantive and procedural laws were reviewed. The results indicated that gender plays a key role in the occurrence of some crimes and, in cases where there is no gender for the child; the legislator has not specified any rule. There is also no differentiated approach to judicial review and enforcement, whereas, given their specific physical and psychological status, this approach is essential in reviewing and enforcing sentences against these individuals.