Analysis of the age criterion for criminal responsibility based on utilitarian and retributive thinking

Utilitarianism and retributivism, theories have important propositions both regarding criminalization and punishment. Many times, the analyses and the results that are obtained pass by the criminal investigation of criminal liability in the philosophical system of these theories have special importance. Criminal responsibility has components that both their number and their meaning are different in different crimes. One of the components of criminal responsibility is the age requirement. Utilitarianism seeks expediency and prevention of crime by using deterrence, rehabilitation and incapacitation of the criminal. Therefore, educational measures are expected at younger ages. As the age increases, the responsibility gradually becomes complete. Therefore, the age is a component of criminal responsibility for utilitarians. On the other hand, retributivism based on merit considers intellectual development as the age component of criminal responsibility.The Penal Code is consistent with utilitarianism in the crimes that are called ‘Ta'ziri’, and it is consistent with punitiveness in the crimes that are called ‘Had’ and ‘Qesas’. When judging the reactions of articles 88 and 89, the judge should issue appropriate sentences considering the purpose of intimidation, correction and incapacitation. In Had and Qesas, the judge is obliged to obtain the opinion of an expert on intellectual growth. in Article 91 intellectual growth is the age component of criminal responsibility, and it should not be taken into account only in case of doubt and as an exception in determining the criminal responsibility of children.