Challenges of Article 91 of the Islamic Penal Code (1392) in Judicial Procedure

Document Type : Original Article

Authors

1 (Ph.D. Candidate of Law, Islamic Azad University, Naragh Branch

2 Assistant Professor of Law, University of Tehran, College of Farabi)

3 Assistant Professor of Law, Islamic Azad University, Malard Branch)

10.52547/jlr.2023.230168.2425

Abstract

Article 91 of the Islamic Penal Code approved in 2012 has brought about a serious and effective development in the way of criminal response and appropriate treatment of crimes requiring punishment or retribution for minors under the age of eighteen.  According to the ruling provided in this article: "In crimes that cause punishment or retribution, when adults under the age of eighteen years have committed the nature of the crime, or they do not understand the sanctity of it, or there is doubt about their development and intellectual perfection, as the case may be, with consideration according to their age, the punishments foreseen in this chapter will be sentenced."  However, considering that specific criteria have not been determined to determine the lack of understanding of the nature of the crime or its sanctity and the doubt in the development and perfection of the juvenile mind, it has caused numerous and challenging disagreements in the ruling jurisprudence, which can be caused by the decisions  And the different and contradictory opinions of forensic experts and judges dealing with such juvenile crimes and their mental tendencies are in the course of the proceedings.  Therefore, according to the mentioned challenges, it is suitable  to create a single judicial procedure and prevent the issuance of mixed and contradictory, and arbitrary judgments in this regard, a certain age as the age of criminal responsibility in such crimes is determined in line with international regulations with This type of crime should be dealt with by juveniles under the age of eighteen.

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Main Subjects

References

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    Laws

    1. Islamic Penal Code (1392)
    2. Criminal Procedure Law (1392)
    3. United Nation Convention on the Rights of Child- UNCRC (1989)

     

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History

  • Receive Date: 11 January 2023
  • Revise Date: 25 February 2023
  • Accept Date: 14 March 2023

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