A Legal-Juristic Study of the Approach of the Iranian New Islamic Penal Code to the Age of Maturity and Children's Criminal Responsibility in the Light of International Instuments

Based on the Articles 37 and 40 of Convention on the Rights of the Child, States Parties should determine the minimum age of criminal responsibility for children in accordance with their physical, mental and intellectual conditions. In this regard, as an exception, according to the article 37 paragraph A concerning unpardonable capital punishment and life imprisonment, setting 18 as the age for criminal responsibility is necessary. Of course, the execution of the children below eighteen years of age, had already been forbidden, according to the International Covenant on Civil and Political Rights which has been adopted by Iran, too.In accordance with the above mentioned conventions, and by codifying article 91 of the Iranian new Islamic penal code (adopted in 2013) the Iranian legislator has in a way acknowledged the necessity of criminal discernment being taking into account in execution of the children under 18 so that this could provide a possibility for the judge to avoid execution sentences for children under 18. Therefore, examining the issue from the Islamic and Iranian law perspective and its conformity with the international documents, is very important and thus it is the focus of this study.