چکیده:
“Criminal growth” means reaching an age where a person has the power to distinguish and recognize the goodness and badness of actions, and understands religious and legal commands and prohibitions. This is not considered in the criminal laws of our country. In jurisprudential and legal books, “civil growth” is usually discussed, which means the power to distinguish between benefit and harm and practical intellect. In discussions related to criminal responsibility in criminal laws after the Islamic Revolution, “the age of puberty” and “non-insanity” have been determined as the criteria for criminal responsibility. Regarding the age of puberty, based on the current laws of the country and following the fatwa of Shia jurists, 9 full lunar years for girls and 15 lunar years for boys are specified as the age criteria for puberty and criminal responsibility. In this article, the author, in addition to examining the issue of “puberty” and criticizing and analyzing existing opinions in this regard, explaining criminal growth and its difference with civil growth, addresses the necessity of separating the phenomenon of puberty from the issue of “criminal growth” and questions the imposition of criminal responsibility on children and adolescents under the age of 15, and emphasizes the need to establish “criminal growth” and determine a specific age as a general presumption and a kind of realization of criminal growth.
خلاصه ماشینی:
Abstract: “Criminal maturity” – meaning reaching an age where a person possesses the full power of discernment and recognition of the goodness and badness of actions, and understands religious and legal commands and prohibitions – has not been considered in our country’s criminal laws.
In this article, in addition to examining the issue of “puberty” and critically analyzing existing opinions on the subject, explaining criminal maturity and its difference from civil maturity, the author addresses the necessity of separating the phenomenon of puberty from the issue of “criminal maturity,” questions the imposition of criminal responsibility on children and adolescents under the age of 15, and emphasizes the need to establish “criminal maturity” and determine a specific age as a strong presumption and a means of realizing criminal maturity.
(16) Based on what was stated, puberty is a natural and external matter that is based on the physical growth of the child and, according to the influence of climatic and racial conditions, gradually shows its effects, and the person completes his childhood and enters a new stage of his life, in which the genitals and internal glands responsible for producing semen in men and women, as well as the wombs of girls, which are responsible for preserving and growing the sperm, are prepared to perform their duties, and the necessary hormones are secreted in the human body to stimulate sexual powers and create readiness for the role that the capable hand of creation has prepared for each of men and women, which details must be seen in specialized books.
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