A Comparative Examination of the Influence of Autism Disorder on Criminal Liability in Iranian and American Legal Systems

Mirsaidi, Seyyed Mansour; Bashirieh, Tahmouros; Mosavi Azadeh, Reza

doi:10.48300/jlr.2026.566082.3101

A Comparative Examination of the Influence of Autism Disorder on Criminal Liability in Iranian and American Legal Systems

Articles in Press

Document Type : Original Article

Authors

Seyyed Mansour Mirsaidi ¹

Tahmouros Bashirieh ²

Reza Mosavi Azadeh ³

¹ Associate Professor, Department of Criminal Law and Criminology, Faculty of Law .and Political Science, Allameh Tabataba’i University, Tehran, Iran

² Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabataba’i University, Tehran, Iran.

³ PhD Student in Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabataba’i University, Tehran, Iran

10.48300/jlr.2026.566082.3101

Abstract

Autism spectrum disorder is a complex neurodevelopmental condition that can affect an individual’s understanding of their actions and their ability to control behavior. From a comparative law perspective, examining its role in determining criminal capacity and responsibility is therefore important.

In Iranian criminal law, criminal capacity is based on discernment and free will, and impairment of these faculties may lead to exemption from liability or mitigation of punishment. However, Iranian law does not explicitly address autism, leaving its impact on criminal responsibility to forensic psychiatric assessment and judicial discretion.

By contrast, the U.S. legal system gives autism a clearer position in criminal proceedings through case law and psychiatric standards. Autism may be raised as a defense under criminal insanity or diminished capacity, and many states favor rehabilitative and treatment-oriented responses over traditional punishment.

Overall, while both systems seek criminal justice and respect personal responsibility, the U.S. approach provides more specialized safeguards, whereas Iranian law would benefit from clearer regulations and greater reliance on psychiatric evaluations.

Keywords

Criminal capacity

Autism

Mental disorder

Iranian law

U.S. law