Analysis of the age criterion for criminal responsibility based on utilitarian and retributive thinking

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Borhani Mohsen; Mohammadi Eqbal

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: CRIMINAL LAW AND CRIMINOLOGY STUDIES Year:1402 | Volume:53 | Issue:2 Page(s): 166-143

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

Analysis of the age criterion for criminal responsibility based on utilitarian and retributive thinking

Author(s)

Borhani Mohsen | Mohammadi Eqbal | Issue Writer Certificate

Keywords

age criterion of criminal responsibilityQ4

Criminal ResponsibilityQ4

Gradual criminal liabilityQ4

RetributivismQ4

UtilitarianismQ4

intellectual growthQ4

Abstract

Utilitarianism and Retributivism, theories have important propositions both regarding criminalization and punishment. Many times, the analyses and the results that are obtained pass by the criminal investigation of criminal liability in the philosophical system of these theories have special importance. Criminal Responsibility has components that both their number and their meaning are different in different crimes. One of the components of Criminal Responsibility is the age requirement. Utilitarianism seeks expediency and prevention of crime by using deterrence, rehabilitation and incapacitation of the criminal. Therefore, educational measures are expected at younger ages. As the age increases, the responsibility gradually becomes complete. Therefore, the age is a component of Criminal Responsibility for utilitarians. On the other hand, Retributivism based on merit considers intellectual development as the age component of Criminal Responsibility.The Penal Code is consistent with Utilitarianism in the crimes that are called ‘Ta'ziri’, and it is consistent with punitiveness in the crimes that are called ‘Had’ and ‘Qesas’. When judging the reactions of articles 88 and 89, the judge should issue appropriate sentences considering the purpose of intimidation, correction and incapacitation. In Had and Qesas, the judge is obliged to obtain the opinion of an expert on intellectual growth. in Article 91 intellectual growth is the age component of Criminal Responsibility, and it should not be taken into account only in case of doubt and as an exception in determining the Criminal Responsibility of children.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops