نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه فقه و مبانی حقوق اسلامی، دانشکده ادبیات و علوم انسانی دانشگاه آزاد اسلامی، واحد تهران مرکزی، ایران، تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The fact that the perpetrator of a crime has the power of reason is emphasized by the legislator; Because we cannot consider an insane person as criminally responsible. In spite of the fact that the age of puberty is considered as a criterion for determining the criminal responsibility of individuals, but in Article 91 of the Islamic Penal Code, mature persons between the ages of 15 and 18 are exempted from sentence of retaliation, in the event of committing a felony, provided that that there are doubts about their sanity and growth, and it makes them entitled to alternative Taeziri reactions that are characterized by rehabilitation and resocialization. The current research is practical and in terms of method is descriptive-analytical. Despite the belief in immutability and having a sentence of retaliation, the approach of Iranian criminal law for the perpetrators of felonies deserving of retaliation indicates being changeable of the sentence of retaliation for teenagers due to the lack of necessary conditions for determining retaliation. The policy based on the non-implementation and turning it into a criminal response, security and corrective measures, are in line with the ideas of Imamiye jurists and Islamic human rights, and in terms of jurisprudential texts, it can be justified with regard to the doubt in the intellectual growth of the perpetrator
کلیدواژهها [English]
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