نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری حقوق جزا و جرم شناسی دانشگاه مازندران، مازندران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Abstract
Childhood and adolescence is an influential and sensitive stages in every person’s life. Legislators, understanding this sensitivity and try to consider different rights and duties for juvenile according to the differences between this group and adults. In the Islamic Penal Code, this issue has been considered by the legislators and a differential system has been provided to respond to the crimes of juvenile. According to this, in Article 91 of the Islamic Penal Code, Legislator
predicted specific rule deals with Criminal maturity, ignorance of the law and mistake of fact in juvenile crimes punishable by haad or qisas. However the legislator in general section of Islamic penal code, Articles 144 and 155 discusses about ignorance of law and mistake of fact in adult crimes. At first glance, mentioning these cases again in Article 91 seems superfluous and meaningless. But, according to the policy of differentiation and based on legislative mitigation in response to juvenile delinquency, it seems that Article 91, try to extend the concept of ignorance of law and mistake of fact, in juvenile crimes punishable by haad or qisas to provide more commutation for juvenile offenders in compared with adults.
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کلیدواژهها [English]
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