Comparative study of the criminal liability of children and adolescents in the Islamic Penal Code approved in 1995 and 2011

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Alireza Mohammadbeyki ¹ , Habib Asady ² , Navid Alhoei ³

1 - faculty member of jurisprudence and Islamic law, Islamic Azad University, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 - Assistant professor,Department of law,Faculty of humanities,Ahar Branch,Islamic Azad university,Ahar,Iran
3 - Senior strategic researcher

Received: 2022-05-08 Accepted : 2022-07-07 Published : 2022-09-23

Keywords: development, Criminal Responsibility, Maturity, delinquent children,

Abstract :

By examining the laws related to children and adolescents, it can be seen that regarding the age of criminal responsibility of children and adolescents as well as the procedure for the crimes of this category of people, the criminal laws of Iran have undergone changes and many regulations have been approved in this field. In Iran, according to Article 147 Approved in 1392 and the note of Article 1210 BC. The age of criminal responsibility is 9 full lunar years for girls and 15 full lunar years for boys. In the analysis of the old and new laws, we will see that unlike the old laws, the new law includes 3 types of age for children and adolescents: 1- Age of no criminal responsibility (minors): people under this age have no responsibility and in case of committing a crime They have no criminal liability. (Article 146 Q.M.A. approved 1392) The reduced age of criminal responsibility is that children between 9 and 15 years old are not punished but are subject to protective and educational measures and are divided into two categories. Children 9 to 12 years old (non-juvenile minors) Children 12 to 15 years old (juvenile minors) are the criminal age of majority, based on which if people under this age commit a crime, according to the laws and regulations related to juvenile proceedings Their crimes are dealt with, as the legal age of majority in Iran is 18 years. People who commit a crime between the ages of 15 and 18 are kept in a correctional center. In the Islamic Penal Code approved in 2012, there is no criminal responsibility for minors, and for people who have recently reached the age of puberty, the criminal responsibility is equal to Adult people have been accepted. The present study