جريمة تغيير الجنس في القانون الأردني : دراسة مقارنة

الملخص EN

This study aimed to clarify the methods used to determine the sex of a person in the event of confusion in determining the gender of a person.

The difference between changing sex as a criminal act and correcting sex as a permissible act that aims to treat a pathological condition that causes the sufferer to not accept his gender, which he is somewhat, due to hormonal disorders or the presence of members of the opposite sex to him, hence the case of the hermaphrodite was addressed and differentiated from sex change as a condition A disease that affects the visible organs in the body of the person with this organic genetic defect, And then the research on sex change as a punishable crime in the Jordanian penal law was discussed, and the elements that existed that would lead the perpetrator of this act to criminal responsibility for his committed act were also discussed.

The special element in this crime, which is carried out only by medical workers according to the legislative text, and those concerned with the application of this law have been clarified in this study, to eventually reach a set of results and recommendations that may help improve the quality of the punitive legal text in this area, in order to avoid the legal problems that this may cause.

Thus, the researcher followed the descriptive analytical approach to the texts of the articles related to the subject of this study, with a statement of the opinion of jurisprudence and specialists from medicine, and a statement of legal opinion whenever the need arises, so that at the end of this study the researcher reached many results and recommendations.

The most important of them: finding a criminal text criminalizing the act of the applicant to change his gender clearly without the need to search in the rules of criminal participation in order to inflict punishment against him.