Review of Reasonable Doubt Principle within the Context of Crimes Committed by Minors and Juveniles

Reasonable doubt principle is considered as an area for interpreting the doubt in favor of the accused, which has been accepted as a principle in article 120 of Islamic Penal Code in light of the existing jurisprudential principles. Furthermore, under article 91 of Islamic Penal Code relating to crimes of juveniles under 18 years old punishable by fixed corporal punishment and talion, some instances provided which overlap with objects of reasonable doubt principle. However, the scope of article 91 is wider than that of article 120 because, on the one hand, it includes talion, and on the other hand, establishment of growth and complete wit are required for its application. Of course, application effects of reasonable doubt principle is not identical for minors and juveniles. Interestingly, in crimes punishable by fixed corporal punishment, after establishment of reasonable doubt, the grown-up perpetrator will be released and discharged from punishment and criminal justice while juvenile perpetrator will be kept in circle of criminal justice and sentenced by tazier. However, all in all, it seems that article 91 is favorable to juveniles because it includes numerous instances and requires the establishment of growth and wit in crimes punishable by fixed corporal punishment and talion. Therefore, such article, principally, amounts to non-application of severe punishment on perpetrators.