Jurisprudential-legal review of the age of criminal development in the Islamic Penal Code of 1392 in Iran)

Document Type : Research Paper

Authors

1 Unevercityfactulity member

2 2. Department of Fiqh and Fundamentals of Islamic Law, Faculty of Jurisprudence and Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

3 3. Department of Fiqh and Fundamentals of Islamic Law, Faculty of Jurisprudence and Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

10.22059/jorr.2025.380892.1009507

Abstract

The purpose of this research is to investigate the jurisprudential-legal age of criminal development in the Islamic Penal Code of2012in Iran, which deals with various aspects of this issue by using library and documentary sources and relying on the descriptive-analytical method.According to the rule of sharia regulations and rules on the subject laws and the legislator's compliance with the famous opinions of Iran's laws, the age of sharia maturity is the basis for determining the age of criminal responsibility for children and adolescents, which in the laws after the revolution, this age is9full lunar years for Girls and15full lunar years for boys.As a result, reaching maturity does not mean reaching criminal growth and a certain age must be determined for criminal growth;up to children who have legally reached the age of puberty,but do not have criminal development;Do not be persecuted and punished unnecessarily.The Islamic Penal Code approved in1392has adopted a new criminal policy for people under eighteen years of age and has provided for lesser punishments than for adults, but the most important initiative of the legislator is related to the inclusion of the condition of growth and completeness of mind for the application oflimited punishments and It is retribution

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Articles in Press, Accepted Manuscript
Available Online from 27 April 2025
  • Receive Date: 29 August 2024
  • Revise Date: 22 April 2025
  • Accept Date: 22 April 2025