نوع مقاله : مقاله پژوهشی
نویسنده
عضو هیئتعلمی گروه حقوق دانشگاه پیام نور، دلیجان، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In Article 140 of the Islamic Penal Code 1392, the legislator considers maturity as one of the conditions of criminal responsibility, in other words, criminal capacity, and based on this, an immature person is considered to have no criminal responsibility; but based on articles such as 128, 272, 375 and its notes and 526 of the Islamic Penal Code 1392, it should be distinguished between discerning minors discerning and non-discerning minors. A non-discerning minor does not have the capacity to commit a crime, nor the capacity to be a criminal and bear the resulting criminal responsibility, but a discerning minor commits a crime that they do not bear criminal responsibility. After the period of puberty until the age of eighteen, the legislator has had a different approach towards teenagers in articles 88 to 95 of the Islamic Penal Code 1392, and in Hodod and Ghesas, a person may face reduced responsibility by proving lack of growth. Therefore, the three periods of distinction, maturity and growth in the field of criminal law are the source of important effects in criminal liability. While, apart from the period of maturity, which under the influence of famous opinion in jurisprudence, a certain age is mentioned as its criterion, in the period of purity and as in jurisprudence, there is no reliable criterion for recognition. while lawyers and the judicial system are involved with these concepts and feel the need to clarify the content, limits and gaps of these concepts more and more, considering the jurisprudential background of the discussion, it is necessary to clarify the position of these concepts in jurisprudence and by obtaining criteria, the description of these concepts in the realm of law is also clarified, which is the responsibility of this article.
کلیدواژهها [English]
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