The place of criminal growth in criminal liability from the perspective of Imami jurisprudence and Iranian law
Subject Areas : Private lawamin fallah 1 , hasan hajitabar firozjaee 2
1 - PhD candidate in criminal law and criminology, Sari Branch, Islamic Azad University, Sari, Iran.
2 - Associate Professor, Department of Criminal Law and Criminology, Qaimshahr Branch, Islamic Azad University, Qaimshahr, Iran.
Keywords: Criminal Liability, Maturity, criminal growth,
Abstract :
In Article 91 of the Islamic Penal Code approved in 2013, Iran's legislator has implicitly considered it necessary to verify the criminal maturity of the perpetrator in order to impose the maximum punishment or retribution on adults under the age of 18 years, which has caused disagreements among jurists and judicial practice. and it is not clear that upon reaching the age of puberty, is the principle of penal growth or the principle of non-penal growth? The authors, using the descriptive-analytical and library method and with the aim of providing a logical solution in this regard, while expressing different views, came to the conclusion that the sentence contained in Article 91 of the Islamic Penal Code has a Sharia precedent and He is a jurist and the legislator under the title of "growth and perfection of intellect or understanding the nature of the crime committed or its sanctity" by accepting the opinion of the minority of the ancient jurists as well as the opinion of the contemporary jurists, implicitly raised the issue of penal growth in crimes requiring hadd or retribution committed by adults. Under 18 accepted. Also, in this legal article, the legislator has considered the principle of non-attainment of growth for these people.
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