نوع مقاله : مقاله پژوهشی
1 کارشناس ارشد حقوق جزا و جرم شناسی، دانشگاه مازندران، بابلسر، ایران عضو مرکز وکلا قوه قضاییه
2 عضو هیات علمی گروه حقوق جزا و جرم شناسی، دانشگاه مازندران، بابلسر، ایران
عنوان مقاله [English]
Girls are children before puberty and then teenagers. In the Islamic Penal Code, if a girl commits Ta'zir before the age of 9, even if she is an adult, she will not be held liable, although they can be considered jurisprudentially deserving of punishment if they have not reached puberty. In Iranian law called it Ta'zir. The guarantee of committing a criminal offense after 9 years to 15 solar years, whether a boy or a girl, even if they are adults and teenagers, is security and educational measures, in which there is no difference between them. If girls commit this after reaching the age of 15, they will be sentenced to the punishment mentioned in Article 89 of the Penal Code, but if boys commit this after reaching the age of 15, if it is still proven They have not reached the age of puberty because the punishment is a branch of criminal responsibility and reaching the age of puberty. They are not sentenced to the punishment mentioned in Article 89 of the Penal Code, which indicates the difference between girls and boys. Considering the application of Ta'zir in Articles 88 and 89 of the Penal Code, which include whether the Ta'zir is prescribed by Shari'a or not, and the narrow interpretation of criminal law in favor of the accused, the guarantee of committing any Ta'zir crime by a teenage girl And the reduced education or punishment mentioned in these articles, which indicates that there is no difference between them.