Jurisprudential and legal assessment of the inclusion of the provision of Article 91 of the Islamic Penal Code for criminals with relative impairment of discrimination and perception

Subject Areas : Criminal jurisprudence

Fatemeh  Noori roomanan ¹ (PhD student, Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.)
abbas  tadayyon ² (Assistant Professor,)
Behnam  Yousefian Shuredeli ³ (Assistant Professor, Department of Law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran)

Received: 2023-01-18 Accepted : 2023-07-06 Published : 2023-03-21

Keywords: Article 91 of the Islamic Penal Code, Relative impairment of discrimination and perception, development and criminal competence, lack of criminal responsibility, fall of punishment,

Abstract :

In Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be criticized that the removal of two punishments of Hadd and Qesas on condition of proof of doubt in the growth and perfection of intellect in adult offenders under 18 and the second possibility of the fall of these two punishments can only be noted in the case of adult offenders under 18 years of age that with a realistic attitude, there is no logical reason for either. In relation to the recent direction, the question arises whether the sentence of this article can be extended to the perpetrators with relative disabilities of the clean power according to this direction. This is a legal and jurisprudential point of view. This is a legal and jurisprudential point of view. It seems that if the philosophy of ratification of this article is proof of doubt in the development and perfection of the criminal mind, it should be said that none of the two directions reject the ruling of this article which has been mentioned above, and therefore, the ruling prescribed in this article is applicable to all offenders who have partial disabilities and comprehension, and therefore, it should be assumed that the criminals who suffer from this condition should not be assumed to be guilty of this condition. The realization of criminal responsibility and the impossibility of determining and executing the punishment, whether Hadd or Qisas or other punishments. The type of the paper, the foundation, its approach, descriptive-analytical, method of doing it, the library study and the means of collecting information in it are also jacking.