The Course of Juvenile Court Proceedings in Iranian Criminal Law
Subject Areas : child rights
Esmaeil Kashkoulian
1
(Department of Criminal Law and Criminology, Faculty of Law, Isfahan Branch, Islamic Azad University, Isfahan, Iran. )
Masoud Heydari
2
(Department of Criminal Law and Criminology, Faculty of Law, Isfahan Branch, Islamic Azad University, Isfahan, Iran)
Keywords: Juvenile Court, Court Procedure, Juvenile Delinquency, Child Rights, Criminal Developments,
Abstract :
Background and Aim: Fair trial is one of the most important issues that have always been considered by the legislator in the case of juvenile delinquents. Therefore, in this regard, there have always been several developments that the study of the course of these developments can help the legislator in advancing the lofty goals of children's rights. The purpose of this study is to identify and explain the legislative and judicial developments that have taken place over the years in the field of juvenile justice and has brought it closer to a fair trial. Method: The method of this research is descriptive-analytical. Results: The findings indicate that dramatic changes have taken place in the field of juvenile justice, such as the establishment of a juvenile police force, the non-openness of the trial, the specialization of juvenile courts, the need for expert juvenile court judges, the establishment of a juvenile court and possibility of appeal on all the decisions issued by the courts. Conclusion: During several decades of legislation on children, the Iranian legislature has always tried to take an effective step in the field of juvenile justice. In addition to criminal law dimensions, criminological developments have taken place in this field and the legislature has changed its approach from crime focusing to criminal, so that juvenile delinquency is more just and fair.
Reference
1. Moazami SH. Juvenile delinquency. Tehran: Dadgostar Publishing; 2012. p.17-55. [Persian]
2. Mohammadi Asl A. Juvenile delinquency and theories of social deviation. Tehran: Elm Publishing; 2018. p.11-41. [Persian]
3. Saeedi B. Child Sociology in Iran. Ph.D. Dissertation. Tehran: Faculty of Social Sciences, Tehran University; 2020. [Persian]
4. Abbasi M, Shaban M, Mirabi P. Introduction to the Rights of the Child. Tehran: National Authority for the Convention on the Rights of the Child; 2021. Vol.1. [Persian]
5. Moshtaghi M, Allameh F, Aghaei A. Comparison of the concept of child and child needs from the perspective of children and parents in Isfahan. Journal of Thought and Child. 2011; 2(2): 59-78. [Persian]
6. Hossein Khani H. A Look at Adolescent Developments (Physical, Sexual, Cognitive and Moral). Marefat Journal. 2006; 104: 54-63. [Persian]
7. Heydari M. The first step in protecting children in Islamic criminal policy; support the birth of children. Research in Islamic Jurisprudence and Law. 2017; 13(48): 63-80. [Persian]
8. Khari Arani M, Rahnama A. A study of the views and ideas related to the concept of childhood in ancient Iran. Two Educational and Analytical Quarterly Journals of Philosophy and Children. 2022; 2(5): 41-56. [Persian]
9. Beigi J, Teymouri M. The Right to Education of Children Deprived of Freedom and the Challenges Facing it in Iran. Tehran: International Conference on the Rights of the Child; 2020. [Persian]
10. Jamshidi A. Discourse on Criminal Policy in the Judicial Bill on the Establishment of the Children's and Juvenile Court. The Judiciary Law Journal. 2016; 1(45): 61-102. [Persian]
11. Hoseini H. Child labor and street children. Tehran: Salman; 2020. p.95. [Persian]
12. Niavani S. The Right to Education in the International Human Rights System. Journal of Legal Research. 2013; 4(52): 381-433. [Persian]
13. Tadayyon A. Comparative Pedophilic Penal Law. Tehran: Mizan; 2017. [Persian]
14. Hemmat M. The Basics and Necessities of Alternative Imprisonment on Children and Adolescents. Quarterly Journal of Private and Criminal Law. 2018; 11(4): 8-29. [Persian]
15. Mirkhalili SM. Prevention of the Situational Delinquency by Looking at the Criminal Policy of Islam. Tehran: Islamic Azad University; 2019. [Persian]
16. Lawrence R, Hemmens C. Juvenile Justice. Washington: Sage Publisher; 2020.
17. Niazpour AH. Criminal Law of Children and Adolescents. Tehran: Mizan; 2020. [Persian]
18. Khaje Nouri Y. The Globalization of the Criminal Law of Delinquent Children. Tehran: Mizan; 2017. [Persian]
19. Haji Tabarfiroozjani H. Substitutions of Detention in Iran's Criminal Law. Tehran: Ferdowsi; 2013. [Persian]
20. Najafi Abrandabadi AH. From Children's Rights to Children's law, Children's Pathology in Iran. Tehran: Mizan; 2014. [Persian]
