نوع مقاله : مقاله پژوهشی
نویسنده
دکتری تخصصی حقوق کیفری و جرم شناسی ،واحد تهران مرکز ی، دانشگاه آزاد اسلامی ، تهران ، ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
In the Iranian legal system, which is influenced by jurisprudential rulings, life-long punishments such as revenge and execution are provided. However, the implementation of these penalties for children and adolescents faces serious challenges, as they lack a complete understanding of the nature of their actions and cannot be considered as equal to dangerous adult criminals. The Islamic Penal Code of 1992 in Article 91 has taken a positive step in this regard. According to this article, if adults under the age of eighteen do not understand the nature of the crime or its sanctity or there is a doubt in their rational development, they are sentenced to lighter punishments. This reformist approach reflects the Legislature's attention to the rehabilitation of juvenile offenders. Nevertheless, this article has considerable limitations. First, its inclusion is limited to limited crimes and retaliation and does not include other penalties. Secondly, it covers only adolescents under the age of eighteen and does not include minors. These limitations raise important questions: What is the exact concept of "suspicion in rational development"? Why is this support limited to adults under eighteen? And what is the justification for the confinement of the inclusion of matter to certain crimes? These ambiguities and limitations may in practice prevent the legislator from achieving the main goal of effective rehabilitation of all delinquent children and adolescents. Therefore, a comprehensive review of this article from a legal, jurisprudential and psychological perspective seems necessary. Such a review could be a pioneer for judicial authorities in handling cases related to juvenile delinquency and would pave the way for future reforms in this important legal field.
کلیدواژهها English