Document Type : Original Article
Authors
1
criminal law and criminology PhD student, Law, Theology, Political Science college., Science and Research branch, Islamic Azad University, Tehran, Iran.
2
Professor of Criminal Law and Criminology Department, ,Law, Theology, Political Science college, Science and Research branch, Islamic Azad University, Tehran, Iran.
3
Associate Professor of Criminal Law and Criminology Department ,Law College, Shahid Beheshti University, Tehran, Iran.
4
Assistant Professor of Criminal Law and Criminology Department ,Law College, Shahid Beheshti University, Tehran, Iran.
10.22034/thdad.2022.538965.1956
Abstract
The study of partial criminal responsibility in Islamic jurisprudence shows that sexual maturity and mental maturity overlap and have not been predicted. In this way, the indistinguishable Immature is considered irresponsible and the discerning minor may face discipline (rather than punishment in exceptional cases) and in a sense the adult is considered full criminal liability.
A review of the statutes in Iranian law shows the legislator's attention before the victory of the Islamic Revolution in counting the issue of partial criminal responsibility for juvenile delinquency. But after the victory of the Islamic Revolution, following the religion, according to the criterion of "sexual maturity", partial criminal responsibility disappeared and again after the approval of the Islamic Penal Code passed in 1392, in line with social realities, psychology, medicine, the criterion underwent changes and developments and "sexual maturity" was taken as a legal sign of "intellectual maturity" which made it possible to prove the opposite. The present research has been written based on the analytical-descriptive (library) method regarding the study of these changes and especially the analysis of Article 91 of the mentioned law in this regard.
Keywords