Criteria for determining the age of majority that precludes criminal responsibility according to Islamic law and positive law

Abstract

Abstract: Criminal liability is the main pillar of attributing the crime to its perpetrator. However, this responsibility is subject in certain cases to humanitarian, legal and social considerations that represent substantial exceptions to the general rule of criminalisation and punishment called (contraventions of criminal liability). Criminal liability for the perpetrator and the young age of these prohibitions are negated. Within the framework of providing criminal protection against any attack targeting the public or private interests of the human person, we find that the criminal policy of the legislator was affected by the age when establishing the substantive and procedural rules, especially with regard to determining the criteria of the rules of criminal responsibility and the adult, as the age is a criterion for achieving, mitigating or refraining from criminal liability, which entails the different legal consequences of each age, as criminal liability varies from one age to another. The Iraqi legislator has decided to refrain criminal.