Exemption from Criminal Liability for Transgender Spouses under the Criminal Code

Abstract

This article aims to examine the appropriateness of criminal liability for transgender spouses, as well as concepts and foreign laws related to criminal liability for transgender spouses. The goal is driver for legal amendment that align with the objectives of criminal law. The study employs qualitative analysis. The findings reveal that Section 71 of the Criminal Code provides exemption from criminal liability for offenses committed between spouses, but only for marriages between a man and a woman (Supreme Court Judgment 2887/2563). However, the current Civil and Commercial Code allows transgender individuals to marry, whether it's a marriage between men - men or women - women. Despite this, these transgender spouses do not receive exemption from criminal liability under Section 71 of the Criminal Code because their union is not between a man and a woman. This situation creates inequality between heterosexual married couples and transgender married couples. Therefore, it is recommended that the Criminal Code be amended to ensure legal equality and consistency with the amendments made to the Civil and Commercial Code.