Vol-7, Special Issue-Number2-April, 2016, pp1044-1048 http://www.bipublication.com Research Article
A comparative study of criminal responsibility to the age and mental state of
people in the UK and Iran
Mohammad Amin Farid
Ph.D. Candidate of Criminal Law & Criminology, Department of Criminal Law and Criminology, college oflaw ,
Urmia Branch, Islamic Azad University, Urmia, Iran
ABSTRACT
The aim of this study was to investigate the criminal responsibility according to age and mental state of people in the UK and Iran. In general it can be said that the prohibited conduct when the criminal is qualified to describe the criminal sanction is necessary. The person who committed the crime, after punishment from holding capacity, in order to achieve the objectives of punishment must benefit from criminal sanction. Capital punishment legislation prohibited behavior and punishment discretionary selection of judges when issuing opinions all indicate that social rules violators are faced by means of repressive and violent and coercive law, to benefit utilitarian goals and prospective of penalties in preventing recidivism, and punishment-oriented for a crime he committed in the past, from worthy and deserve punishment in response to pleasure and illicit profit earned.
Keywords: mental status, crime, legislator
INTRODUCTION
The legislative history of the country of Iran, to determine the age of criminal responsibility is always considered challenging which since 1925 so far, in the criminal justice process, the displacement of the center of gravity of this factor has paved the way legal and jurisprudential debates.Author without returning to the old and former law and with the criteria of Penal Code adopted in 2013 discuss on explaining for it and finally, these measures on children and young people will extend who are committing the crime of destruction of public property, which perhaps it can be said that a large percentage of destruction of property commit by this age group. The perception or the authority of contradistinction refers to the ability of a certain person who will permit recognizing and understanding the consequences of criminal behavior and social work for him and maniacs of perception and consciousness, who have been impaired, are deprived of the ability to express. This question,that whether maniacs include
criminal provisions or not?guides us to explain the answer, which since maniacs are human, include legislation addresses, and they will have the capacity to commit a crime, but regardless of the will of the commitment of the crime, in terms of impaired mental status, it has no legal validity. For this reason, population does not tolerate punishment (Ashtari, 1980). However, the aim of this study was to investigate the criminal responsibility according to age and mental state of people in the UK and Iran.
People under 9 years (solar)
them. It seems absurd in legislative criminal policy which a legislator does not address this category of people and dismisses them outside the scope of the criminal provisions and regards them as animals and objects.That is why the legislator has realized his generalizations and corrected in Article 148 of the same law provided: "In the case of minors, according to the provisions of this Law, security and corrective measures are applied." But generalization of Article 148, without specifying the issues and expressing its degrees, applying measures providing and training, in the case of those under 9 years is not specified (Emami, 1998; Hosseninejad, 1991; Dalvand, 2007).
People above 15 years old
These adults (girls) and non-adults (male) are considered. It can be said girls are teenagers in this age and boys are young people who are immature. If these individuals commit any crime ofeight degrees of sanctions and even committed a crime that is punishable by death in prison,they do not have the capacity punishment and consequences of criminal behavior criminal penalties cannot be imposed on them. Returning previous texts expresses the criminal responsibility of the individuals that benefit from the capacity and causes qualification of the criminal offense, but because they cannot bear the burden of criminal responsibility, so the social reaction against them is the reaction of security measures and training, not punishment. Also, if these people commit a crime such as definite punishment and retaliation, they must be distinguished because the distinction between mature and immature is necessary.If the immature committed a punishment and retaliation, both girls and boys are subjected to security and corrective measures, but in committing for crimes by people from 9 to 15 years, and in committing crime and retaliation by minors, reactions be based on security and corrective measures.Diversity can be seen in the choice of reaction. This distinction is written in Note 1 and Note 2 of Article 88 of the Law. This article provides: "about children and youth who commit crimes and their age is from 9 to 15
years old at the time of committing, the court adopts one of the following decisions":
A: Submission to the parent or parents or legal guardian to obtain a commitment to discipline and moral education and care in the child or youth
Note: If the court deems expedient, it may obtain the case of the persons mentioned in this paragraph of pledge to do things like the following and the results of the court at the specified time.
- The introduction of the child or youth to social workers or psychologists and other professionals working with them
- Sending a child or youth in an educational and cultural institution for the purpose of study or vocational training
- Taking an action for treatment or addiction child or youth under medical supervision - Avoiding harmful sociability and
communication of the child or youth with people for identifying the court
- Avoiding traffic to places determined by the child or youth
B: Surrendering to real or legal persons who the court knows in the interest of the child or youth or the obligation to carrying out orders referred to in paragraph (a) or lack of compliance with the provisions of Article (173) of the Civil Code
Note: surrendering the child is to eligible persons subject to their acceptance
C: Admonishing by the court
D: Warning notices or written commitment to non-recidivism
E: Keeping in a juvenile institution from three months to one year in prison for crimes of one to five degrees
Note 1:Decisions referred to in paragraphs (d) and (e) are applicable only for children and teens from twelve to fifteen years, applying the provisions of paragraph (e) is required in the case of children and adolescents who committed crimes of first to fifth degree.
acts specified in clauses (a) to (c) of this Article are taken into consideration on them.
Note 3: In respect of the measures referred to in paragraphs (a) and (b) of this Article,according to research conducted and also the reports of social workers,the court of children and youth can revise the condition of the child or adolescent and his behavior as many times as deemed appropriate for the child or youth.If the people of the ages mentioned commit a crime like the destruction of public property, which the penalty is based on sanctions, community response in response to their aggressive behavior will be based on security and corrective measures.But if the criminal act in crime is against the security, the punishment for it will be definite punishment, what will be expected of them, for "adults under fifteen years," the provisions of Article 91 of adopted in 2013 is applicable (Emami, 1998; Hosseinkejad, 1991; Dalvand, 2007).
People between fifteen to eighteen years
People between fifteen to eighteen years enjoy criminal responsibility both females and males, if they commit crimes sentenced (octet degrees of punishment), population endures punishment. The purpose of innovation of IPC, in the differential criminal policy, is to determine penalty, apart from the punishment prescribed for people over eighteen years. To determine the penalty of this category of persons on the commitment of mandatory crime, provisions of Article 89 of the law are applicable. Another innovation which the Penal Code in the case of minors, who commit definite punishment or retaliation,is that emphasizing the criminal responsibility of the people, in committing these offenses, there are exceptions in Article 91.Although the crime committed is definite punishment or retaliation, but it may have mandatory penalties and it is when the nature of the crime is performed or the sanctity is not understood and there is uncertainty in their maturity and wisdom. Therefore, security and corrective measures can be imposed in the case of minors under 9 years old (Article 148 IPC ratified in 2013), but the type and extent of security and corrective measures for this group
of people has not been set. (Article 88 IPC). In the case of children and adolescents who are between the ages of 9 to 15 years, in the case of committing the crime, according to Article 88 of the law as written, safeguarding measures are applicable on them. In the case of committing the definite punishment or retaliation by minors of security and corrective measures as Article 88 of the law are fulfilled.On committing the crime of punishment, by people of 15 to 18 years and committing the crime of definite punishment or retaliation by adults as a social reaction are a punishment, not security and corrective measure.While according to the prescriptions of security and corrective measures Act, enacted in 1960, scrutiny in the provisions of Article 88 and 148 of the Penal Code, if actions necessary safeguarding measures are in people over the age of fifteen to eighteen years, there is no choice but resorting to Article 23 of the Penal Code and determining complete punishment, considering that these sanctions are also often security and corrective measures. Destruction of public property, mostly related to petty crimes, since the destruction of property does not have any interest for a committed person, the perpetrators of these crimes are between the ages of 9 to 24 years (according to the decisions issued by the courts and investigative,the author was as the jail judge orally and questions and answers from children and adolescentsduring the inspection and supervision of the children and adolescents in the juvenile institution).Since most crimes committed in these age periods are from the punishment of degrees 6, 7 and 8, which these degrees of punishment, typically violation offenses, are minded in the Penal Code, in the Penal Code enacted in 2013 are more efficient than legal Leniencies (Emami, 1998; Hosseinnejad, 1991: Dalvand, 2007).
Mental state
committed of punishment is definite punishment or retaliation, in Penal Law and Public and Revolutionary Court procedures in criminal matters and the Code of Criminal Procedure enacted in 2/3/2014, some subjects have been approved.So the perpetrators of the crime of destruction of public property who are free from punishment,security measure on them is merely keeping in mental health services. It should be noted that the centers of security measure, in particular, have not been established for this category of offenders which sometimes welfare centers and sometimes asylum have addressed irresponsible criminals by the legislator.It should be noted, somnambulism and drunkenness are sometimes expressed as mass insanity which we do not need to explain it.In English law: In the case of penalties, as it was mentioned, social punishments have been in proportionality between crime and punishment and given the maximum penalty set by the legislature for mass destruction, according to records and mental status, economic and family status and damages,after studying the report before sentencing, judges have authorities to determine the punishment they deserve. Security and corrective measures by issuing agreement will be achieved. Ordersare divided into two categories. A: orders that their enforcement is not subject to the attainment of criminal responsibility and children may also have implications for their parents. B: orders that their enforcement is provided to reach the age of criminal responsibility and depending on types of orders are included to compensate damage of victims, measures to reform education and special programs, in order to regulate the behavior of the victim child.Non-criminal orders which in addition to traditional approaches that, a person should be committed a crime to expose in the security measure, new perspectives in criminology call for the intervention of development and socialization of those children who are in difficult environments and they do not commit the crime (Shamlou, 2011).
1. Ban order of night traffic (Child safety order): under Article 14, the law of crime and disorder can occur in children under ten
years,which police or local authorities issue warning that the ban is ninety days.
2. The order of child support: according to Articles 11 and 12, the law of crime and disorder in which the child under the age of criminal responsibility is supervised by a responsible officer.
3. Parenting order: the revival of the criminal responsibility of parents to protect their children is one of the goals of reforming. 4. Anti-Social behavior order: this order is
issued about people of ten years and more and committing anti-social behaviors as described prohibits it.
CONCLUSION
sentencing, exemption from punishment, keeping out of jail, holding two weekend days in a juvenile institution, maintenance of hours of the day at home, half-free system, the provisions of penance etc., from the perspective of the author, they have not been separated and they have been analyzedin response to questions based on hypotheses presented.However, it should be mentioned that community-based punishments in the legal system of England and similarities with the attitude of the Penal Code are effective in interacting the criminal system of two systems(Mehra, 2008, 2013).
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