List of Articles اطفال و نوجوانان

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  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
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  2 - Comparative Study of Children and Adolescents’ Protection Law in Iran and Egypt
  Maryam Shajirat
  This study was conducted by reviewing the laws and regulations of Iran and Egypt concerning children and adolescents, and also international standards such as the Convention on the Rights of the Child and the Beijing Rules as well to compare and analyze issues including More

  This study was conducted by reviewing the laws and regulations of Iran and Egypt concerning children and adolescents, and also international standards such as the Convention on the Rights of the Child and the Beijing Rules as well to compare and analyze issues including children and adolescents protection rules in Iran and Egypt, the minimum and maximum age of criminal responsibility, type and extent of criminal responsibility in different age groups in both Iran and Egypt. Then, the extent of compliance of two countries rules with international rules was assessed. Our results revealed that Iran has not complied with the principles of legislation in drafting the protection laws for children and adolescents. The adoption of numerous and dispersed laws in the pre and post revolution has undermined the principle of accessibility of the law, then these circumstances make it difficult to protect children and adolescents with It is a problem and finally prevent the realization of access to justice. In Egypt, the minimum and maximum age for criminal responsibility is 12 and 18 years, respectively, also the minimum age of civilian custody is 21 years, while in Iran’s law, there is not the same approach regarding minimum and maximum age of criminal responsibility due to punishments of crimes are classified into discretionary, retaliate. This result has controversy with international regulations. Manuscript profile
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  3 - Comparative Study of Children and Adolescents’ Protection Law in Iran and Egypt
  Amin Jafari Maryam Shajirat
  This study was conducted by reviewing the laws and regulations of Iran and Egypt concerning children and adolescents, and also international standards such as the Convention on the Rights of the Child and the Beijing Rules as well to compare and analyze issues including More

  This study was conducted by reviewing the laws and regulations of Iran and Egypt concerning children and adolescents, and also international standards such as the Convention on the Rights of the Child and the Beijing Rules as well to compare and analyze issues including children and adolescents protection rules in Iran and Egypt, the minimum and maximum age of criminal responsibility, type and extent of criminal responsibility in different age groups in both Iran and Egypt. Then, the extent of compliance of two countries rules with international rules was assessed. Our results revealed that Iran has not complied with the principles of legislation in drafting the protection laws for children and adolescents. The adoption of numerous and dispersed laws in the pre and post revolution has undermined the principle of accessibility of the law, then these circumstances make it difficult to protect children and adolescents with It is a problem and finally prevent the realization of access to justice. In Egypt, the minimum and maximum age for criminal responsibility is 12 and 18 years, respectively, also the minimum age of civilian custody is 21 years, while in Iran’s law, there is not the same approach regarding minimum and maximum age of criminal responsibility due to punishments of crimes are classified into discretionary, retaliate. This result has controversy with international regulations. Manuscript profile
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  4 - Manifestations of differential penal policy towards child victims with a look at the Child and Adolescent Protection Law adopted in 2020
  bahram jafary
  Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and prec More

  Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and preclude secondary child victimization. Using the library and descriptive method, the present study, with emphasis on the Child and Adolescent Protection Law, attempts to discuss the aspects of the differential policy approach aimed to protect child victims in the iranian legal system. The results indicate that there were scattered, yet inadequate, regulations protecting children in various substantive and formal aspects in the past; However, while developing the scope of differential protecting regulations, the enactment of the Child and Adolescent Protection Law in 2020 has provided considerable preventive and monitoring- oriented views, especially through making legal intervention in favor of children and adolescents that are at risk or victimization. It can be said that this law clearly factors in differential policies including determining several crimes and specific punishments aimed at protecting children and adolescents and considering special institutional, disciplinary and judicial organizations with the aim of managing, preventing and dealing with child victimization and limiting its effects. Manuscript profile
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  5 - legislative Criminal Policy in the Iranian Legal System on Child Rights Violations in the Field of Computer Games
  Mohammad khorshidi athar
  Background and Aim: Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is ine More

  Background and Aim: Criminal protection of children against computer games following the fundamental transformation in the light of technological advances and the spread of computer games along with increasing the power of its impact on human thought and behavior is inevitable. On the one hand, entertaining children due to their strong interest in computer games, and on the other hand, the wide range of such games with large investments to develop computer games in the age group of children In addition to the unhealthy and harmful effects on this vulnerable group has raised many concerns for thinkers. In this study, the criminal policies of the Iranian legal system regarding the violation of children's rights in the context of computer games compared with international documents and from a critical point of view has been evaluated and by perusing the strengths and weaknesses of related laws, the need for comprehensive rules to protect the rights of the child against harming of computer games has been emphasized by formulating an effective differential criminal policy. Method: The method of discussion in this research is descriptive-analytical and the method of data gathering is library. Results: In Iran's legal system, a review of the laws related to the current criminal policy regarding the violation of children's rights in the field of creating, publishing and distributing computer games reveals gaps and defects. Conclusion: By examining the situation of children and their rights against computer games and studying the negative and inappropriate effects of this universal and effective technology on children it is possible to achieve a comprehensive support program containing differential criminal policies against child victimization through the use of computer games. A differential approach to substantive criminal law in the field of child safety in relation to computer games is the role that the legislature can play in protecting children and to prevent the abuse of the rights of this vulnerable group. Manuscript profile
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  6 - Necessity of Special Police for Children and Adolescents in Iranian Judicial System
  Askar Jalalian Mostafa zarei Abbas Barzegarzadeh
  The Special police for children and adolescents, as one of the special institutions of the juvenile justice system, was first considered in the Juvenile Delinquency Bill (1383) and then the legislator paid attention to it in the Criminal Procedure Code of 1392 in Articl More

  The Special police for children and adolescents, as one of the special institutions of the juvenile justice system, was first considered in the Juvenile Delinquency Bill (1383) and then the legislator paid attention to it in the Criminal Procedure Code of 1392 in Article 31. According to this article, the police organization was ordered to form a police section for children and adolescents. In this study, in order to achieve the hidden angles of the role of the police in juvenile justice, an attempt has been made to explain the preventive position of the juvenile police in order to answer the question: what is the role of the juvenile police in the Iranian judiciary in crime prevention? The results of this study indicate that the behavior and approach of the Iranian police towards children and adolescents does not have a differential criminal policy and in dealing with children and adolescents, adult criminal policy is used. Therefore, it is necessary for the police to try to improve the process of intervening in the proceedings of children and adolescents by formulating a differential criminal policy based on protective and not criminal intervention in compliance with national and international principles and standards. Manuscript profile
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  7 - Iranian Criminal Policy towards Child Sexual Molestation in the Light of the Child and Adolescent Protection Law of 2020
  Abbas Ali Akbari Seyede Monira Hejazi
  Children have always been exposed to many physical, psychological and sexual abuses throughout history. Today, following industrial, communication and information developments, supporting this group against all forms of exploitation is necessary, especially against sexu More

  Children have always been exposed to many physical, psychological and sexual abuses throughout history. Today, following industrial, communication and information developments, supporting this group against all forms of exploitation is necessary, especially against sexual exploitation and sexual harassment, which are often included in the black figures of delinquency in many countries, including Iran due to moral issues. In the domestic system, in order to implement protectionist policies in accordance with international standards and the existence of a gap in the former law on the protection of children and adolescents adopted in 2002, the need for differential protection of sexually abused children was felt. In 2020, in the law for the protection of children and adolescents, the legislator has paid special attention to the protection of these victims against sexual harassment. The present study analyzes data and uses library tools to examine the legislative approach of the Iranian legislature in relation to child sexual abuse in the new law due to the previous legal gaps and insufficient legislative support for sexual harassment, as well as explaining the aggravated causes of these behaviors in law. Manuscript profile
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  8 - Critical Study of Gradual criminal liability of juveniles in discretionary offenses (review of the French legal system
  mohammad saeeid shafiei
  In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded More

  In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities Manuscript profile