Culmination of Law

Culmination of Law

The ability to extend the sentence stipulated in Article 91 of the Islamic Penal Code to not excluded people

Document Type : Original Article

Authors
Mostafa Bagheri 1
Hassan Alipour 2
Mahdi ّFazli 3
1 Phd student, Department of Criminal Law and Criminology, , Naraqh Branch, Islamic Azad University, Naraq, Iran
2 Assistant Professor of the Law, ِDepartment, Farabi Campus, University of Tehran, Qom, Iran
3 Assistant Professor,,, Department of Law,and Criminology, Mallard Branch, Islamic Azad University, , Mallard, Iran
10.22034/thdad.2023.1973943.2305
Abstract
Abstract
If one of the criteria of "lack of understanding of the nature of the crime", "lack of understanding of the sanctity of criminal behavior" and "suspiciousness in the development and maturity of the mind" as stipulated in Article 91 of the Islamic Penal Code are met, in the case of an adult under the age of 18 in the case of crimes or retribution, the judicial authority can turn the punishment of hadd or retribution into one of the special punishments for children and adolescents. Apart from the challenges related to the age range of the perpetrator as well as the nature of applicable alternative punishments, the type or personal nature or in other words the relative or absoluteness of the aforementioned criteria are also facing important challenges. One of the most important challenges related to these criteria, which is examined in this article, is their ability to be generalized to adult perpetrators.
The present article, using descriptive and analytical methods using library resources and access to court case law, has come to the conclusion that although the approach of generalizing the criteria of Article 91, on the one hand, with the rule of law, which according to Article 120 of the Islamic Penal Code for general crimes and the predicted perpetrators, as well as ignorance of the ruling where it prevents criminal responsibility, and on the other hand, it is inconsistent with the principle of limited interpretation of criminal laws, but due to the nature of some criteria, such as not understanding the nature of the crime or reasonable doubt which also applies to adults, it also has standard features that can be generalized.
Keywords
Keywords: juveniles under 18 years of age
transformation of limits and retribution
criteria of Article 91
generalizability approach
judicial procedure
Subjects
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Culmination of Law
Volume 10, Issue 2
Autumn 2024
Pages 299-326