نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
One of the indicators of people's responsibility in criminal law is age. The purpose of this research is to examine the criminal responsibility of children in Iran based on international documents, which is of the type of theoretical research and using descriptive-analytical methods based on library studies for the comparative description of the subject and related subjects. In the criminal justice system of Iran, many legal changes have been made in the field of determining the age of criminal responsibility, and different standards of juvenile crimes and different accountability systems have been adopted, which are more or less observed in international documents and regulations. The Iranian legislator has placed the index of criminal responsibility on another criterion, which is the age of sexual maturity. However, there are shortcomings and loopholes in the legal articles, due to which the Islamic Penal Code approved in 2012 faced issues related to the criminal responsibility of children. Among these, is there a logical connection between maturity and the age of criminal responsibility? Why does the legislator consider committing a crime that requires punishment or compensation to be relatively criminally responsible, and according to Article 146 of the Islamic Penal Code, minors are not responsible? In this article, by answering these questions, criticizing the rules of the maturity of criminal responsibility of children and explaining their shortcomings and problems, while examining the relevant international documents, they suggest solutions related to eliminating or reducing the criminal responsibility of children.
کلیدواژهها English