International Journal of Economy, Management and Social Sciences, 3(4) April 2014, Pages: 218-221

TI Journals

International Journal of Economy, Management and Social Sciences

ISSN
2306-7276

www.tijournals.com

Infants and Panel Charges

Mahshid Mahtabi 1, Ghobad Naderi *2 , Anita Karami 3
1,2
3

Department of law, Payam noor University, Iran.

Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

AR TIC LE INF O

AB STR AC T

Keywords:

Panel charges of infants is from important discussion of panel code. This topic is companying to
significant challenge and drops and leaps and in e periods have passing many laws evolutions in
after and before revolution. In new approval Islamic punishment law 1392 exactly specifying panel
charges of guilty infants and in primitive salary in roman. Has been noticed infants ages and
degree of guilty infants of panel charges. In commitment of guilty and in panel laws punishment of
guilty infants is lower than punishment in adults. In Islamic criminal law, one of doing punishment
being chargeable sand that socially charging and goal of punishment is keeping of discipline of
society is saving of life.

Charge
Infants
Wise
Distinguish limit
Lack of distinguish

2014 Int. j. econ. manag. soc. sci. All rights reserved for TI Journals.

Introduction
In science law for infants there havents charges in sight of panel and in Irans panel are innocent of panels charges dont definition for
infants is sight of juridical disussion because imfancy is of qualities that discount or perish the guilty, ret impancy of age dont cause to
civil detoxify, and infants who dont reach in nubility, are innocent of panel charges. Because there have factors that can cause to declne of
charges and one of condition is execution of punishment that person reaching specifing limit. Humans sense and will is dependent of his
age. In Islamic jurisprudence and laws, puberty for boys is 14 and for girls 9 years. Accordance to article 88 Islamic punishment laws 1392
appronal, infants are innocent of panel charges and their training is by saint and legal supervisor and correction and training centers and if
body punishment become important, should be in advice and idealistic wherever children forming part of population of society may or not
they commit guilts any guilt containing of some punishment that guilty person is charging of own diong that in this ground signs of Quran
in shortly is stated and sineless ordered anecdotal about punishment of underages and jurisconsult more or less pay attention to this topic
and in todays societies due to extensive changes that has been occurred in society and increased extend of guilt in children and their crime.

Definition of chargability
In Dictionary, chargeability is meaning to ask and wanted, incoming and consequently is concept to duty and task and whatever human is
charge of it. (Amid, 1357, page of 95).
For understand of real concept of chargeability from many aspect, in addition to assurance and duty that is setup. Other factor and
conditions should be considered, too. First existence of duty in doing or preventing from action that own duty may be create in result of
legal provisions and social relations. Second, knowledge of existence of duty, because absolutely person who is dont knowledge on his
duty, lack of knowledge from existence of duty may be resulted in deficiency of intellectual force and sentimental force and deficiency of
social training third, ability in doing of duty, supposition that two first factor come off, logically cant be charging any who is incapable on
doing duty. Charge that is wrong doing, too and should be penalty about guiltiest. Changeability is requisite of option, free and wise person
knowing his consequences of his doing and is charge with them. In any case that person should redress other, has responsibility about him,
so, its responsibility in redress resulted in own doing is real norm word of responsibility is applying anywhere has moral echo and color
and some of writers had science regularity to this idea and decided that rationalize all of responsibility according to religious and moral
norms.
According to this responsibilities creating specific connection among lost and responsible. Lost is creditor responsible is debtor. In civil
responsibility bets realization is torts entry and is part of responsibility. So, responsibility is guaranteeing in removal tort that insure to
others. Whether this tort resulted in own crime or resulted in own activities, so jurisprudence applying include of Fin ancial and penal
responsibility. Refer to article 328 civil legal (Jafari, Langeroudi, 1362, 1643)
Also, editor of civil salary specifying responsibility whoever that cause torts others should redress it. In European idioms named guilty
responsibility that occurred in guilt and tort cases. (Emami, 173, page 13)
* Corresponding author.
Email address: naderighobad@yahoo.com

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First clause: Definition of punitive or penal responsibility Editor of Terminology book define this kind of responsibility as: responsibility
stated as committing of guilt of crimes in law and responsible person coming to one of creation punishments in law. Wronged is of
societys guilt, unlike civil responsibility that people are wronged of responsible action. In penal responsibility isnt simple right slinking to
peace and adaption (unlike civil responsibility) and in punitive responsibility specially advertence positivisms condition is guilt and
responsibility unlike civil responsibility cases isnt existence of neglect and error and dodge. In general, requirement of person in reaction
to aggression to others wither for protection of personal salary or personal freedoms or for purpose defense that considered as punitive
responsibility that assessment of this in respect of Islamic penalty legal is important. So, in any punitive laws wither in beforehand or now,
state specifically nature of legal and definition of panel responsibility. How observed in punitive laws, lawmaker often suffice in stating to
word of responsibility or range of punitive responsibility and moment choosing as punitive responsibility of range of punitive responsibility
for respective material to this phenomenon without any definition from punitive responsibility.
Second clause: Infant and infancy: Infant is stated worldly as newborn and baby of any wild animal is said infant too, infant said to
newborn. In Quran is said to this meaning too, is meaning early period of childs life Then we out of your bellys Mothers to reach in
maturity
In idioms of jurisprudence and judiciary is said to anyone to dont reaching in puberty, infant. That is synonymous to infancy editor of
Majmaee bayaan writing that infancy is any person isnt full grown and adolescent and both of them for is important for bringing infancy
out of incapability, imfancy tineness in front of bigness In comparing one thing to other thing weatherizing time credit like tininess of age
or bulk or prestige cridit:
In book of Tahrir al vasile of Emam khomeiny about minor we read: example (1): Minor is said to anyone that dont reaching in puberty
and Minor juridcially is incapable mean his possessions isent dominant on own cattles( Emam khomeiny, 1367,page 233).
According to note(1) article (49) eslamic punishments laws, meaning of infant who isnt reach in puberty and according to note(1) article
(1210) civil laws, puberty in girls is 9 years and in boys is 15 years. So, vow of minor some what is void and null that related to cattles and
financial laws. So, minor, discriminator can reentry in gratuitous like adaption of gratuitous donate and peace and pride (article 1212, civil
law).
So, in juridical idioms, Minor is said to anyone that agely dont reach in essential body and spirit development.

Puberty
Puberty is wordily meaning (moein, 1375, page, 574) to reaching to affair and in term is timing puberty that growing bodily force of infants
and ready for marriage and offspring and this is nature.
Puberty is known to one of three bellow cases: (Emami, 1364, page, 244)
1- Growing of rough head above genitalia of woman and men
2- Ejaculate from natural men and womens duct.
3- Becoming 15 years old for boys and 9 years old for girls.
Third clause: wise:
The word of wise is female singular and end of this word on congregation, its plural is wises and derivate from wise. Wise has 3 meaning.
1- wises drivate from wise that is meaning to tighten and so string said eghal. How is usual, if someone killed another. Should be
paid camels for slains blood money to slains parent and for the sake to with giving the boold money. Slains parent be silent and
dont remonstrate.
2- Second meaning of wises is from wise and is meaning to forbiddance and prevent. Namely, wises for prevention from
outbreaking of damage and loos alwayse are carefull about relation and these meaning is clear about children.(Langerodi, 1368,
page, 441)
3- Third meaning of blood money and namely it is for whon that is more wise it seems that philsophy of wise is more suitable in
meaning of prevention and forbiddance. In article 307 iof Islamic punishment laws males relation of parent or fatherhood or in
sequence classes of heritage include of everyone who can heritage in death time are equally chargable in paying of boold money.
Note: who is undertake blood money of anothers crime with contracts assurance jarireh is accept as wises.
According to article 308 Islamic punishment laws, underage craly and insolvent arent accept as wises. So, wises reponsibility in paying
blood money in killing exceptionally sheer lapse on basis of being personally of punishments necessary of public penalty of laws Dr Iraj
goldizian p 280)
According to article 305 Islamic punishment of laws in sheer lapse of murdering if killing proved with oathes or knowledye of judge paying
of blood money undertaking of wises.
According to article 311 Islamic punishment of laws. Wise just is responsible for paying losses of sheer lapses of crimes and in bellow
cases of wases isent guarantor.
A) Crimes of laoses that person incure of sheer himself.
B) Financial wastage that creating in kind of sheer lapses.
And according to article 312 Islamic punishment laws when criminal be without wises or wises cant paying blood money in 3 years, this
blood money paining via government so, in the cases that child committing of crime who is necessitating of paying in blood money. His
wises is father, ancestor, brother, boys of brother, uncle, boys of uncle, respectively.

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Fourth clause: limit of discrimination and indiscrimination

Article 1210 of civil law discriminating limit of puberty and growth and in light of possessing of penal responsibility girls are 9 years and
boys are 15 years as adult and minimum of age isnt specific for infants. However, in laws of formation of courts of guilty infants lawgiver
first divided infants into 6 to 12 year old and before these the infant although he is committing of guilt dont notice to him and even dont
exam moral and family situation.( shambayati, 1384, p 80)
It seems in according to lawgiver bound of discrimination and indiscrimination in girls are 7 to 9 and in boys are 7 to 15 so, in these is age
of neglect and reason and unreason of needlessness and after 9 years in girls and 15 years old in boys is age of knowledgeable and
discrimination.
So, we can discriminate infant punitively we should consider legal and moral aspects.
In aspect of legal person should know that specific act is following and society staff and policemen captaining the guiltiest and penalties
them.(samieei, 1384, 74).
In aspect of moral, guilty should has comprehension and differential goodness from badness and with comparing them, choose one of them.
Evidently that whenever infant that committing guilt be in discrimination namely, he dont reaching age that proving for him tow above
stages is innocent of penal responsibility and isnt necessary for pursuit and punishment.
In Islamic punishment laws, lawmaker without any specification of limit age of intervals noting to infants of discrimination and
indiscrimination in girls and boys.
for example in 147 Islamic punishment laws whenever discriminators underage hurting some one crack downing in aspect of judge and
whenever a puberty person hurting underage person or unmoslems tormenting with 74 whiplash.
In this article isnt clear that in what ages interval if gil hurting another crack downing in aspect of judge.
Another case that is memorable for specification age of discrimination from indiscrimination reluctance of discriminator to other killing.
Reluctance in killing or rule of killings other isnt justification for killing. So, if someone oblige to killing of another committing to
nemesis. (article 211 Islamic punishment laws).
Note (1): if person that who is reluctant being underage infant or maniac just who committing to reluctant is nemesis in spite of infant I
agent of killing cause to lack of legal and psychical elements, is innocent from nemesis punishment.
Note(2): if person that who is reluctant being discriminator infant shouldnt nemesis rather should paying blood money his wises and who
emitting to reluctant is lifer in recent assumptions, law Maker predict that discriminator infant can specifying goodness from badness and
often release himself from adversity and dont committing to manslaughter and in this reason lawmaker in regard with causes of resolver of
responsibility knowing this killing as sheer lapse of paying of blood money.
So, discrimination is stage of wit that person comprehension wellness of affair in sequence according them to socially norms.
Result is that dont specifying age of discrimination in laws and specifying it is on court and dont prediction clear criterion for it. But
legally can proved that limit of discrimination and indiscrimination in girls is 7 to 9 and in boys 12 to 15. Because in discriminator
underage is person who dont reach in puberty and moreover is without any discrimination in specific matter (langeroudi, 1368, 441).

Conclusion
The goal of this research is that we knowing that if infants committing guilt How conflict with them and how their punishment and their
guilt and limits of their penalty responsibilities.
In Iran penalty laws in aspect of penalty isnt any responsibility for infants and infants are innocent of punitive respond sibilates because
infancy of ages is from properties that cause removal penal responsibilities of infants but in regard that infants formed part of population in
society and maybe committing guiltiest, penal rules in discretions judge that is for punishment and training of infants should adapting with
their bear and capacity because note 2 of article 49 Islamic punishment laws provide that: whenever for guilty infants training body
punishment should becoming urgency their punishment should being in expedient and balance.
But the aim of torment of underage infants is their training and crackdown not punishment of their doing but dont specifying to word be
expedient and balance.
Also, in aspect of that infants are lack of characteristic and knowledge and science and inability and for knowing that person is responsible
for their acts should have these characteristics so, has not any respond sibilate in aspect of punitive responsibilities.

References
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Emami, Sayed Hasn, civil laws, Islamic pubilication 1384.
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