چکیده:
Sometimes a minor independently commits a crime against some other person (crimes against bodily integrity such as murder، assault and battery، injury، disenfranchisement …) and some other times she/he is forced to do so. According to the Islamic Penal Code (1982) and the previous Code، intentional or unintentional crime committed by a minor is regarded as a sheer mistake; in the Islamic Punishment Code (2013)، however، the term ‘as’ has been eliminated and crime committed by a minor is، according to this Code، just a sheer mistake. On the other hand، both in the previous and present Codes and according to the opinion of majority of jurists، if a non-discerning minor is compelled by another to kill the third person، the compelling one shall alone be liable to Qisas. As for discerning minor، however، murder is not attributed to the compelling one but to the discerning minor، and her/his Aqilah (close relatives) shall pay the Diah (blood money). In the Islamic Punishment Code (2013)، the same idea (making a distinction between a discerning minor and non-discerning minor) has been somehow accepted for being compelled to commit a theft. The present article makes a juridical-legal study of the same point aiming to criticize two ideas of ‘regarding a crime by a minor as a sheer mistake’ and ‘making distinction between discerning minor’s being compelled and non-discerning minor’s’.
خلاصه ماشینی:
" Second, criminal laws, following the opinion of most jurists, in cases where a person coerces a child into murder, distinguish between a non-discriminating minor and a discriminating minor; they sentence the coercer of a non-discriminating minor to Qisas (retaliation), but consider the punishment for the coercer of a discriminating minor to be only life imprisonment, attributing the murder to the discriminating minor and consequently holding their Aqila responsible for paying the blood money.
Thirdly, the Islamic Penal Code of 1370, in Note 1 of Article 295, reflected the exact same aforementioned jurisprudential rule: "Note 1- Intentional and quasi-intentional crimes committed by an insane person or a minor are considered as pure error.
2- Duress in Murder The legislator in Article 375 of the Islamic Penal Code of 1392, following the majority view of jurists, stipulates that if someone coerces a non-discerning minor into murder, the coercer shall be subject to qisas (retaliation), but if the minor is discerning, his aqila must pay the diyah (blood money) and the coercer shall be sentenced to life imprisonment: Article 375.
in crimes causing ta'zir, the coercer shall be sentenced to the punishment of the perpetrator of the crime" and again for this reason explicitly states in Article 377: "Duress in injury to a limb results in the qisas of the coercer", however, regarding duress in murder, he has not accepted the superiority of the cause (coercer) over the direct perpetrator, except in the case of a non-discerning minor or an insane person.
(
, 
, 
)
