Document Type : research
Authors
1
PhD student in Criminal Law and Criminology, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2
Professor, Department of Criminal Law and Criminology, Faculty of Law, Beheshti University, Tehran, Iran. 3. Assistant Professor, Department of Criminal Law and Criminology, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran.
3
Assistant Professor, Department of Criminal Law and Criminology, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2025.460849.1820
Abstract
Background and Aims: One of the cases in the Islamic Penal Code approved in 2013, which has provided the basis and ground for pragmatic interpretation and as a result the, is Article 91 of this law regarding the application of limited punishment and retribution for juveniles. The purpose of this article is to examine the practicality of judicial criminal policy in the implementation of Article 91 of the Islamic Penal Code.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that in the Islamic Penal Code regarding the application of punishments of limits and retribution in the crimes Related to teenagers (adults under eighteen years old),, with the conditions and limitations of interpretation, it is considered to apply alternative punishments, and this Ambiguity in the rules is the basis for the division of votes and the issuing of unequal votes. It has been done in similar cases.
Conclusion: The result is that the jurisprudence regarding the issue of Article 91 of the Islamic Penal Code regarding the substitutes of limits and retribution for children and adolescents is not the same and represents two points of view. One approach is approach believes though they are small and ambiguous, to apply alternative punishments and move the judicial procedure in this direction.
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