Conflicts and Requirements Governing the Exemption of Convicted Persons under 18 Years Old from the Punishment of Retribution

Mohamadi, Musa; Akhtari, Sajad; Mohamadi Ilami, Rahim

doi:10.22034/jccj.2025.432345.1450

Conflicts and Requirements Governing the Exemption of Convicted Persons under 18 Years Old from the Punishment of Retribution

Document Type : Original Article

Authors

Musa Mohamadi ¹

Sajad Akhtari ²

Rahim Mohamadi Ilami ³

¹ Ph.D Student of Jurisprudence and Law, Semnan Branch, Islamic Azad University, Semnan, Iran.

² Assistant Professor, Department of Law, Alborz Branch, Islamic Azad University, Alborz, Iran. (Corresponding Author)

³ Assistant Professor, Department of Jurisprudence and Law, Islamshahr Branch, Islamic Azad University, Islamshahr, Iran.

10.22034/jccj.2025.432345.1450

Abstract

Justice and expediency is one of the most important issues in the field of Islamic jurisprudence and law, and it is always the focus of jurists and legislators. On the other hand, the legislator's attention to the crimes of children under the age of 18 in the criminal laws of Iran in 2013 prompted the author to examine the relationship and effectiveness of this To discover the two components in the case of conflict with each other in the punishment of death in children under 18 years of age. Research findings indicate that although the laws of the country are related to the relative acceptance of the age of criminal responsibility of children and adolescents in the field of criminal offenses, the use of minimal punishment and the increase of protective and educational measures, but the said age is in line with social requirements, especially in the execution of retribution sentence. is not. On the other hand, there is the issue of payment of money on the part of Aqeela, which is presented to justify the responsibility resulting from the act of non-two theories; The current administration of justice in this regard is problematic, as a result, we should stop administering justice and resort to expediency.

Keywords

Qisas

Perpetrators under Eighteen Years of Age

Minors

Conflicts

Requirements