نوع مقاله : علمی - پژوهشی
نویسندگان
1 استاد گروه حقوق جزا و جرم شناسی، دانشکدگان فارابی، دانشگاه تهران، قم، ایران.
2 دانشجوی کارشناسی ارشد حقوق کیفری و جرم شناسی، دانشگاه شهید بهشتی، تهران، ایران.
3 دانشجوی دکترای حقوق کیفری و جرم شناسی، دانشکدگان فارابی، دانشگاه تهران، قم، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the innovations of the Islamic Penal Code of 1392, Article 128, states that: "Anyone who uses an immature person as a means to commit a crime will convict to the maximum legal punishment for that crime. also, anyone who assists in criminal behavior of an immature person will convict to the maximum punishment for accessory in that crime." Several questions arise: What reasons led the legislator to deviate from the principle of individualizing legal and judicial punishment and The legislator chooses the maximum punishment for the crime or accessory in that crime for the offender? Was there no other way to provide the basics of this article other than this writing tone? Couldn't this aggravation be applied to other disabled people like insane? Does the beginning of the article mean only the punishments of Article 19 or does it include all the punishments of Article 14(Haad punishment, Qesas Punishment)? According to the derivative liability system of crime, does the acceptance of the accessory in the juvenile crime mean to deviate from the derivative liability system of crime or does it have another meaning? Is it correct that the maximum punishment is prescribed for absolute accessory in a crime? According to Article 127 and the derivative liability system of crime, as well as taking into account the fact that immature persons are sentenced to security and educative measurer, what is the punishment of the accessory in the crimes committed by immature persons, which can be any of the punishments in Article 14? Does the meaning of “immature person” only mean “indiscerning minor " or does it include " discerning minor " as well? This article addresses the above questions and ultimately provides some suggestions.
کلیدواژهها [English]