• List of Articles Delinquency

      • Open Access Article

        1 - Theories of Reformal Moral of Incarceration (Imprisonment) in Juvenile Justice System of Iran and England
        Seyedeh Amaneh  Bani Hashemi Kohanki Mojtaba  Farahbakhsh   Ahmad 
        The present study investigated the freedom-depriving penalties in legal system of Iran and England. It was suggested that incarceration of juveniles should be used in serious crimes and when it is required for public protection, because it might cause undesirable effec More
        The present study investigated the freedom-depriving penalties in legal system of Iran and England. It was suggested that incarceration of juveniles should be used in serious crimes and when it is required for public protection, because it might cause undesirable effects on juveniles which can make their correction and rehabilitation period longer. In recent years, different reactive programs have been developed in England for preventing juvenile delinquency including alternatives to imprisonment which do not exist in Iran. Investigating the existing principles and reactions of legal system of England which is the result of comprehensive study made by the legislator can be a solution for Iranian legislator for making modifications in juvenile justice system Manuscript profile
      • Open Access Article

        2 - Ethical Attitudes and Corrections in the Punishment of the Liberation of Children and Adolescents And comparing it to the laws of Iran and the United Kingdom
           
        In spite of changes in juvenile justice systems, punishment has always existed in them and the governments have preserved the right to punish. The criminal justice of Iran faces several challenges with respect to juvenile delinquency due to uncertainty of legislator in More
        In spite of changes in juvenile justice systems, punishment has always existed in them and the governments have preserved the right to punish. The criminal justice of Iran faces several challenges with respect to juvenile delinquency due to uncertainty of legislator in adapting criminal policy to scientific and social principles, and in selecting correctional-therapeutic patterns. There is no definite and organized procedure for determining the sentence of imprisonment for juvenile offenders, and legal authorities have little flexibility in this respect. Today, punishment-based approaches toward offenders, especially juvenile offenders in England is a part of an effort to establish (not re-establish) ethical responsibility, based on which , the degree of punishment is determined. The present study investigated the freedom-depriving penalties in legal system of Iran and England. It was suggested that incarceration of juveniles should be used in serious crimes and when it is required for public protection, because it might cause undesirable effects on juveniles which can make their correction and rehabilitation period longer. In recent years, different reactive programs have been developed in England for preventing juvenile delinquency including alternatives to imprisonment which do not exist in Iran. Investigating the existing principles and reactions of legal system of England which is the result of comprehensive study made by the legislator can be a solution for Iranian legislator for making modifications in juvenile justice system. Manuscript profile
      • Open Access Article

        3 - An Analytical Study on Alternative Punishment for Juvenile Delinquency
        Mehrnoosh Abouzari
        Juvenile delinquency is a form of declaration of incompatibility with the community and a sign of danger in the possibility of their survival in a criminal abduction. The main purpose of applying the guarantees of execution and punishment in dealing with juvenile delinq More
        Juvenile delinquency is a form of declaration of incompatibility with the community and a sign of danger in the possibility of their survival in a criminal abduction. The main purpose of applying the guarantees of execution and punishment in dealing with juvenile delinquency is to reform, educate and reconcile them and, above all, seek criminal justice measures to rehabilitate and prepare the person for returning to society. Therefore, it seems that the imprisonment and punishment of liberation cannot be effective in achieving these goals and that violent and violent attacks can lead to a proper and incorrect bias in their behavioral system. As a result, alternative prison sentences for juvenile offenses, influenced by the teachings of restorative justice, will be more than anything else. Penalties that are imposed by the court, with the participation of the public and civil society in the community, with regard to the offense of commission, the personality and criminal record of the offender, the frequency of committing the crime, the situation of the victim and the effects of the commission of the crime. Measures such as periods of care, residence, maintenance at the end of the week, electronic surveillance, free public services and advocacy institutions such as postponement of the sentence, quash, suspension of prosecution, file archiving, exemption from punishment, criminal mediation, suspension Penalties, the semi-liberation system and probation freedoms allow the offender to compensate for the mistake of committing and harming the community and feeling responsible and efficient in society. Although it should be noted that excessive punishment for substitute imprisonment, regardless of the family context, environment of the life and economic conditions of an adolescent, is a kind of abandonment of his insecure circumstances in his life that led him to delinquency and now again It is in this environment that may result in serious and persistent criminal offenses; in such cases, the calm and discipline of keeping in the center of reform and education and training institutions are preferable to such actions. This paper examines the bases and types of alternatives to juvenile delinquency penalties and then explains the critical attitude of some enforcement instances and possible objections to the imposition of alternative prison sentences. Manuscript profile
      • Open Access Article

        4 - The Rights of Delinquent Children and Adolescents in Iran: An Analysis of Four Determining Areas
        Maryam Sha’ban Seyed Mohammad Hosseini
        This study seeks to investigate how four main areas of reference in Iran and the world are exposed to child delinquent. Therefore, four main areas of reference were identified that include Iranian legal regulations, Islamic religion, the Convention on the Rights of the More
        This study seeks to investigate how four main areas of reference in Iran and the world are exposed to child delinquent. Therefore, four main areas of reference were identified that include Iranian legal regulations, Islamic religion, the Convention on the Rights of the Child in Islam and the Convention on the Rights of the Child; Then they were analyzed with a qualitative approach and documentary analysis method. The results show that exposure to delinquent children is approximately the same in all four domains. Although the three areas related to Iran and the Islamic world have been centered on Law of Religion, especially Shi'ism, their roots lie in Islamic religion, and against them the Convention on the Rights of the Child as an international matter has been drafted based on the Declaration of Human Rights and the belief in Humanism, but they work very closely on how to deal with child guilty and there are no significant differences between their procedures. Therefore, all four domains regard the child as having no precise decision-making power and consider his/her delinquency a common "mistake" in his/her development. The child should be forgiven as much as possible and his/her error should be ignored; this should also have a corrective and re-interactional aspect to be done within the child's family by the child's parents or legal guardians. Unless child guilty is limited, such as harm to others, which has resulted in violations of the rights of others, all three areas emphasize efforts to minimize penalties and impose penalties for reform and resocialization. the only point of difference is in the definition of the child and the age range that makes the subject different in applying the rules related to child delinquency. Manuscript profile
      • Open Access Article

        5 - The Course of Juvenile Court Proceedings in Iranian Criminal Law
        Esmaeil Kashkoulian Masoud Heydari
        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 develo More
        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. Manuscript profile
      • Open Access Article

        6 - Analysis of Ethical Principles of Disciplinary and Educational Responses to Juvenile Delinquency from the Perspective of Islamic Criminal Law
        roh allah ebrahimi mohamad ali haji deh abadi ALIREZA HOSSINI
        Ethical principles Disciplinary and educational responses to juvenile delinquency reflect the facts and rules that have a moral character and are used as a response to the crimes and violations of children and adolescents in order to maintain and promote their moral cha More
        Ethical principles Disciplinary and educational responses to juvenile delinquency reflect the facts and rules that have a moral character and are used as a response to the crimes and violations of children and adolescents in order to maintain and promote their moral characteristics and legitimacy. The answers are in the light of observing these principles. The present article has examined the nature of these principles by descriptive-analytical method and based on reference to authoritative Islamic sources. The findings of the study indicate that in Islamic law, the ethical foundations of disciplinary and educational responses to juvenile delinquency are diverse in addition to persuasion. Engaging in the development of the child, correcting and rehabilitating, promoting and exalting the moral virtues of love-loving and justice-oriented are among the principles that are used to change the way of thinking and beliefs of children and adolescents and to reconstruct or create moral feelings and virtues. ¬ Restraint on moral behaviors based on religious and Islamic teachings are used and from this perspective help to restore public order and security. Manuscript profile
      • Open Access Article

        7 - Criminological Legal-Sociological Analysis of Street Children's Delinquency (From Family to Society and Industry)
        zahra Aghababa fahim mostafa zade Alireza  MOHAMMADBEYKI
        The problem of delinquency and victimization of children and teenagers is one of the important social issues that has been very busy in today's world. Since then, the majority of researchers, sociologists, criminologists, psychologists, psychiatrists and education speci More
        The problem of delinquency and victimization of children and teenagers is one of the important social issues that has been very busy in today's world. Since then, the majority of researchers, sociologists, criminologists, psychologists, psychiatrists and education specialists in the modern countries of the world have been trying to find a solution to prevent crime among children and teenagers. Various opinions have been expressed about the reason for the increase in crime and victimization in our time. Some of the researchers consider the increase in crime in today's world to be one of the specialties of the current civilized societies and they believe that in the same proportion as human beings advance with all their might towards industrial and material progress and development, in the same proportion, breaking the law, delinquency and committing anti-social acts in Industrial societies are expanding and spiritual peace and tranquility are decreasing in such societies. Accordingly, in this article, with the descriptive-analytical method and content analysis, he investigated this important issue in the collection of Islamic penal laws, labor, criminal procedure and protection of children and adolescents, and the most important result of this study is that the examination of the various articles of the above four laws There are complete and progressive rules and regulations in the field of children and adolescents in Iran's legal system, but the most important obstacle is in the implementation process and its guarantees. The most important suggestion is not to enter this group into criminal-punitive proceedings Manuscript profile