M.A. Thesis:

Expediency in the selection of unnamed Imāmī jurisprudents in civil law

One of the sensitive and controversial issues in criminal science and criminology is the attitude of the penal system towards juvenile delinquents. This importance and sensitivity stems from the fact that childhood and adolescence and the impact that this period has on the construction of the child's future personality، and from another perspective، since children and adolescents are different from adults in terms of physical and mental strength.، The reaction of the penal system of any country makes it thoughtful. In the former Islamic Penal Code، the non-criminal responsibility of juveniles is accepted، but at the same time، ta'zir is imposed on them in cases that are contrary to the lack of criminal responsibility of these people. Also، for people who have just reached puberty، there is no difference in terms of punishment with adults، and criminal development has not been considered in determining punishment. In this regard، the former Islamic Penal Code is criticized، which has been considered in the Islamic Penal Code of 2013، and the legislator has taken useful steps to eliminate these problems. Thus، in the new Islamic Penal Code، in addition to accepting the age of 18 as the age of children and adolescents، there is another division so that the period of childhood and adolescence is divided into four periods: from birth to 9 years، 9 to 12 years، Divided into 12 to 15 year olds and 15 to 18 year olds. However، according to the previous law، the child was defined in Note 1 of Article 49 as a person who has not yet reached the legal maturity. In the law، while introducing the age of the child up to 18 years old، by defining the age of puberty، it has identified criminal responsibility for a group of children and adolescents. In other words، we are witnessing many changes in the Islamic Penal Code adopted in 2013، with the gradual acceptance of girls' responsibility and the grading of ta'zir crimes

Keywords: Children، Girls' criminal responsibility، Penal code، Age of criminal responsibility.