Document Type : Original Article

Authors

• Kiomars Kalantari ¹
• Saleh Ghaffari Cherati ²
• Amin Radman ³

¹ Assistance Prof criminal Law and criminology University of Mazandaran, babolsar, Iran

² PhD in Criminal Law and Criminology at University of Mazandaran, Babolsar, Iran

³ PhD Student Criminal Law and Criminology at University of Mazandaran, Babolsar, Iran

Abstract

In criminal law, one of the indicators is the responsibility of the Sunni population. This explains that criminal justice has imposed immunity for children of a specified age. There are many disagreements about the age of criminal responsibility of children in criminal law. In most countries of the world, criminal responsibility varies with age and is gradually determined. While the Iranian legislator has introduced a criminal liability index based on another criterion of the same age as sexual maturity. In spite of this, there are shortcomings and gaps in legal provisions that have challenged the Islamic Penal Code adopted in (1392) in relation to the criminal responsibility of children, including whether there is a rational connection between the age of sexual maturity and the age of maturity, or No, why does the legislator consider the children a criminal responsibility in the case of committing the crime of punishment or retaliation, and while under Article (146) of the Islamic Penal Code, immature people are not responsible for the responsibility? The present paper, while answering these questions by reviewing the sexual maturity criterion for the criminal responsibility of children, and explaining its deficiencies and problems, provides solutions for the elimination or reduction of criminal responsibility for children, which will also examine related international documents.

Keywords

• Children
• Criminal Liability
• International Documents
• Imamieh Jurisprudence