A LEGAL ANALYSIS OF THE SCOPE AND LIMITS OF JUVENILE CRIMINAL RESPONSIBILITY WITHIN THE AFGHAN CRIMINAL JUSTICE SYSTEM

Juvenile criminal responsibility constitutes one of the fundamental and challenging issues in criminal law and the juvenile criminal justice system. This research is conducted with the aim of clarifying the scope and limits of children’s criminal responsibility within the legal system of Afghanistan. The principal research question addresses the legal bases and criteria upon which such responsibility is determined, particularly across different age stages.

The research hypothesis is premised on the assumption that the Afghan legislator, by taking into account age and the degree of discernment, has envisaged graduated levels of responsibility and, in proportion to the physical, psychological, and intellectual development of children, has prescribed differentiated criminal responses. The research methodology Is descriptive–analytical, employing a library-based approach that draws upon legal, jurisprudential, and criminological sources to analyze the theoretical and practical foundations of the subject. The findings indicate that the Afghan legal system, through the application of combined criteria of age and development, classifies juvenile criminal responsibility into three stages: first, children under the age of seven, who bear no criminal responsibility; second, individuals aged seven to twelve, who, if possessing the capacity of discernment, bear relative responsibility; and third, adolescents aged twelve to eighteen, who, depending on their level of development, are subject to limited responsibility and benefit from special judicial protections.

Moreover, the influence of psychological, environmental, and climatic factors in determining maturity and the attribution of criminal liability is taken into consideration. In conclusion, the study emphasizes the necessity for legislative precision in defining the limits of responsibility and for strengthening protective measures in the adjudication of juvenile offenses.