Criminal Responsibility of Children And Juvenile : Conformity or Conflict of Legislative Innovations Whit Shia Jurisprudence

Human personality is gradually perfected in childhood. Flexibility and the ability to modify the behavior of children and adolescents is in conflict with the criminal law of putting offending label, taking security and corrective measures, and specifying a minimum age of responsibility for them. The Islamic Penal law passed in 1392has adopted an improve penal policy in line with Islamic criminal law, taking remarkable innovations including identify the levels of criminal responsibility according to different age groups, taking the age of criminal responsibility more than the age of puberty regardless of being male or female, predicting the a variety of reform-oriented community-based and lenient decisions and measures, in sentence crimes, the involvement of criminal development in the full criminal responsibility, accepting diminished criminal responsibility, particularly in Hadd and Qisas (equal retaliation) offenses. The same is with the criminal law in which the age of puberty is determined due to the criminal development and is considered as elements of criminal responsibility and, in turn, implies a gradual and hierarchical criminal liability and free-handedness of an Islamic state in determining the age of comprehensive criminal liability and the type of responses in that age and before that, except in cases where the legislator expressly prohibited. The paper aims to clarify that determining the age of fifteen solar years old as evidence of growing criminal does not conflict with Islamic law in offenses as well as crimes causing the Hadd and equal retaliation