Criterion of Age of Criminal Responsibility of Girls at Jurisprudence and Law

Document Type : Research Paper

Authors

1 Associated Professor of Criminal Law and Criminology, University Of Qom, Qom, Iran

2 Ph.D. Student of Criminal Law and Criminology, University Of Tehran, Tehran, Iran

Abstract

Due to the necessity of support to minor females until maturity, and the compassionate view of the sacred legislator to her ungracious acts, the main attention in Islamic criminal jurisprudence is to her legal status either as the defendant or as the accused. While the dynamic Islamic jurisprudence considers the minors with no criminal responsibility, presently this progressive Islamic criminal principle has become inappropriate in practice, though confirmed by the Iranian legislator. As a result, some contemporary jurists have made an attempt to scrutinize the basis of the above rule with the aim of adjusting it through an increase in the age of maturity for criminal responsibility, which will change the law and the presumption on maturity of girls.

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