1
Ph.D in Private Law and lecturer of Tarbiat Modarres University
2
M.A in Criminal Law and Criminology of Al Mustafa International University
Abstract
The rules of the legal system of our country are based on Shari’a law, according to which no criminal act is to be left unpunished, yet the limits and manner of the execution of punishment are not identical for all people, but there is always a question about whether it is possible to determine punishment for child? The present study, tries to answer the said question while focusing on the precise concept of the child in the language of the jurisprudents. Based on the findings of this research, according to Shari’a law, one of the conditions for the execution of punishment and having a criminal responsibility is to reach adulthood, which is one of the general conditions, so a person who has not reached puberty is not punishable. A non-discerning child is exempted from criminal liability, but is considered to be a guarantor in a court order. The child's responsibility in criminal matters is relative, but a discerning child is punishable by law and by Shari’a.
Beigi HabibAbadi, A., & hosseini, J. (2017). Limitation of Criminal Responsibility and Punishment of the "Child" in Imamiyah Jurisprudence. Judgment, 17(90), 73-103.
MLA
Ahmad Beigi HabibAbadi; javad hosseini. "Limitation of Criminal Responsibility and Punishment of the "Child" in Imamiyah Jurisprudence". Judgment, 17, 90, 2017, 73-103.
HARVARD
Beigi HabibAbadi, A., hosseini, J. (2017). 'Limitation of Criminal Responsibility and Punishment of the "Child" in Imamiyah Jurisprudence', Judgment, 17(90), pp. 73-103.
VANCOUVER
Beigi HabibAbadi, A., hosseini, J. Limitation of Criminal Responsibility and Punishment of the "Child" in Imamiyah Jurisprudence. Judgment, 2017; 17(90): 73-103.
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