تدابير المسئولية الجنائية على صغار السن: دراسة مقارنة

Abstract

This study aims to demonstrate measure of criminal responsibility upon children , where the researcher adopts the description of the rise of criminal responsibility in the Yemeni law and compared to Islamic law and the other laws. The study deals with four consecutive chapters and connected with a logical manner, where the first chapter is specified for the theoretical framework for this research, through the common items according to scientific research methods, and as the requirements directed by the deanship of Graduate Studies at the International University of Africa. In the second chapter, the researcher discusses subjects which are directly related to the topic of this research, where he addresses the basis of criminal responsibility in the positive Jurisprudence and in Islamic law, as well as internal and external criminal responsibility objections that affecting the perception and the freedom of choice. The third chapter deals with childhood stages and their impact on criminal responsibility, also the standards of legal age have reviewed in Islamic law as well as Yemeni and Sudanese laws. In the fourth chapter, the researcher has examined the deviation concept and its situations , ways to prevent it, precautionary measures and penalties that apply to the little oblique and the legal protection for the little child at all stages of penal action. One of the main results have reached by the researcher that the age is an effective factor in criminal responsibility which it disappeared in certain age and get reduced before the legal age and get completed after adulthood. The researcher is highly recommended to set up an age of criminal responsibility according to jurisprudence opinions which is the age of eighteen years. The purpose for that, is to contribute in the fields of scientific ,legal and human thought, in order to find a uniform age for criminal responsibility based on the most caution jurisprudence opinions and the scientific and social facts.