Concept of “Child” Form Penal Perspective

فقه و حقوق خانواده

leilasadat asadi¹ 

[1] قوه قضاییه;

关键词: child;    adolescence;    law;    penal code;    protection;    responsibility;    accountability;   

DOI  :  10.30497/flj.2007.68019

来源: DOAJ

【 摘 要 】

The word “child” sometimes has different definitions in different fields of humanties. The incompatibility of these definitions and its impact on the applied aspect of legal sciences, where we do not deem a child responsible from penal perspective and even try to support him obliges us to have a pragmatic approach in defining the circumstances and status of being a child’ in a way that is compatible with the factual realities way. This article aims at clarifying the definitions of the word child, from the view of psychology. Islamic jurisprudence (fighh) and law, as well as illuminating the definitions of child for the two purposes of imposing the penal accountability to the child and providing her/him protection. Therefore according to the above matters two things have to be clarified should be decided and expressed in a very exact way. 1- The age in which the personality growth has not become acceptably completed, and so the commission of a crime would have a negative and malicious effect on the child’s personality structure. This aspect is pursued to protect the child who has committed a crime. 2- The age in which the child can discern and distinguish between good and bad. The purpose here is to impose the penal accountability on the guilty person. If by the concept of “child” we mean legistating protective laws against some of his / her criminal actions, then the effect of crime on the age and development process in which growth of the human  personality comes to a hault, should be taken into consideration. It is essential to see if she / he has the ability to distingtish between good and bad and whether the results are satisfying. It is also necessary to amend some laws for the purpose of mapping the concept of the under – protection / protected child, and the child who has got penal responsibility and with regards to the fact that personality development is a gradual and little – by – little process and to consider the acceptance of a certain age period so as to let the child enjoy a mitigated penal responsibility. In other words, the child should neither be exempted from penal responsibility and accountability, nor having total responsibility.

【 授权许可】

Unknown