Criminal Responsibility in the Laws of Iran and Afghanistan

Abstract

Criminal responsibility in the laws of Iran and Afghanistan has some sort of similarities and differences. It is based on the principle that individuals who commit an intentional crime with the required mental capacity can be held criminally liable. However, the imposition of milder punishments has been observed as a development in criminal responsibility in both Iran and Afghanistan. In this study, using library resources and employing an analytical-descriptive method, we aim to comparatively examine criminal responsibility, its foundations, justifications, and legal consequences, as well as its transformation in these two countries. In Afghan law, criminal responsibility and the imposition of punishment are attributed to a person who commits a criminal act with free will, sound mind, and perception. The common points between the two countries usually include the elements of rationality and free will, while the distinguishing factors are the age of criminal responsibility. Criminal responsibility In Iran is based on reaching the age of maturity, while in Afghanistan, ages 13, 15, and 18 are considered for full criminal responsibility. In the legal systems of both countries, criminal responsibility has undergone transformations, aiming at rehabilitating offenders through social integration, employing leniency policies, and forgiveness. With the Taliban's control in Afghanistan, certain provisions of criminal law have been abolished.