Document Type : Original Article
Authors
1
PhD Student, Department of Criminal Law and Criminology, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
2
PhD student, Department of Criminal Law and Criminology, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
3
Professor, Department of criminal Law & criminology, Mazandaran University, Babolsar, Iran.
Abstract
The background of this research is the legal and social developments in the field of children's rights and the need to revise the laws related to the criminal responsibility of minors. The purpose of this article is to analyze the concept of criminal capacity, examine the criminal responsibility of minors in the crime of adultery, explain the concept of diminished responsibility and its effective factors, and provide suggestions for improving laws and judicial procedures. The research method in this article is analytical-descriptive. This means that first, by referring to library sources, relevant laws and regulations, including the Islamic Penal Code and the Law on the Protection of the Rights of Children and Adolescents, and related judicial opinions have been collected. Then, using the method of legal analysis, these sources have been reviewed and interpreted. The findings of this research show that minors, due to lack of maturity and sufficient intellectual development, do not have full criminal responsibility. However, in some cases, depending on the laws and specific circumstances, diminished responsibility may be considered for them. In this case, their punishment is also reduced and will be more corrective and educational. The factors affecting the diminished responsibility of minors include age, intellectual and mental development, and their environmental and family conditions. The results of this research indicate that the existing laws and judicial procedures in the field of criminal responsibility of minors need to be reviewed and reformed.
Keywords