Minority as One of the Barriers to Criminal Responsibility

Abstract

For the realization of criminal responsibility, a person must possess criminal capacity, which is summarized in reason, puberty, and free will. In the Islamic Penal Code of Iran, ratified in 2013, Articles 146 to 159 are dedicated to the discussion of barriers to criminal responsibility. Propositions such as reason, puberty, intent, and free will are either components of the mental element or components of criminal capacity. If these propositions constitute components of the mental element, then without them, the mental element—as one of the three necessary elements for the completion of a crime—would not be fulfilled, resulting in no crime being committed and, consequently, no responsibility arising. The consideration of factors such as minority as a barrier to criminal responsibility does not have an objective and operational outcome; however, it at least influences the belief in the realization of the offender’s criminal responsibility and subsequently the removal of their punishment, or the non-realization of criminal responsibility and thus the absence of punishment. This article has been written with the aim of analyzing minority as one of the barriers to criminal responsibility.