The Basis for the Principle of Individualization of Criminal Responsibility within the Scope of Religions

Authors

1 Professor, Faculty of Law and Political Science, University of Tehran

2 Master of Criminal Law and Criminology

Abstract

Crime, criminal responsibility and punishment are the three golden parts of criminal law. Exercising punishment depends on establishing criminal liability and its establishing also depends on proving criminality. Criminality is of two material and mental aspects, so that it will not be carried out unless those ones are established. As far as criminal liability is concerned it has no objective and material aspects, but it merely enjoys a personal and mental nature. Age, wisdom, consciousness and authority are the elements of criminal liability. In ancient times, further to the principal offender, his relatives were also responsible, but in accordance with one of the fundamental principles of criminal law, it was laid down that everybody himself should be accountable for his own criminal deeds, not the others. This principle is called “the principle of individualization of criminal liability”. Religion is one of the important bases of this principle.
    In this article we will examine the roots of the principle in different religions.

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