جستجوی مقالات مرتبط با کلیدواژه "juvenile" در نشریات گروه "فقه و حقوق"

The fact that the perpetrator of a crime has the power of reason is emphasized by the legislator; Because we cannot consider an insane person as criminally responsible. In spite of the fact that the age of puberty is considered as a criterion for determining the criminal responsibility of individuals, but in Article 91 of the Islamic Penal Code, mature persons between the ages of 15 and 18 are exempted from sentence of retaliation, in the event of committing a felony, provided that that there are doubts about their sanity and growth, and it makes them entitled to alternative Taeziri reactions that are characterized by rehabilitation and resocialization. The current research is practical and in terms of method is descriptive-analytical. Despite the belief in immutability and having a sentence of retaliation, the approach of Iranian criminal law for the perpetrators of felonies deserving of retaliation indicates being changeable of the sentence of retaliation for teenagers due to the lack of necessary conditions for determining retaliation. The policy based on the non-implementation and turning it into a criminal response, security and corrective measures, are in line with the ideas of Imamiye jurists and Islamic human rights, and in terms of jurisprudential texts, it can be justified with regard to the doubt in the intellectual growth of the perpetrator

Juvenile delinquent" refers to a person who is legally capable of committing a crime and has the minimum age of criminal responsibility. Juvenile delinquency is a growing concern that requires therapeutic and supportive intervention models rather than a punitive approach The rehabilitation and correction of juvenile delinquents requires individual and community-oriented correctional laws with high executive guarantee, trained people and restorative proceedings. Otherwise, not only will the repetition of the crime be prevented, but it will help to speed up the return of this teenager to the justice system. The present research, by examining the lived experience of the delinquents  juveniles in the judicial process, tried to highlight the issues of juveniles and the way the judicial system behaves in dealing with them. Investigating the lived experience of teenagers in the judicial process and the pathology of juvenile proceedings. Because it is important from a scientific and professional point of view for the field of social work. Due to the existence of various laws regarding the intervention of social workers in the process of juvenile delinquent proceedings, it is necessary for social workers to know the status of juvenile proceedings, and this research is effective in helping the society and the judicial system in order to prevent recidivism and empowering juvenile delinquents.The qualitative research method is thematic analysis technique. Thematic analysis was used to describe the trial experience of delinquent teenagers, because thematic analysis is more related to the lived experience and daily life than other existing strategies. This analysis identifies the meaning of human experiences about a phenomenon as described by the participants in the research and provides the possibility to gain a deeper understanding of people's experiences about that phenomenon. Data collection was done through in-depth and unstructured interviews. In order to obtain rich information, the researcher helped each teenager to express their narratives in a calm and safe environment and to tell about their experiences in the process of proceedings from arrest to sentencing. In this research, 16 teenagers were interviewed and the interview process continued until the answers were duplicated. In fact, theoretical saturation was achieved. The method of analyzing these findings is analytical and interpretive. Finally, the aggregation of these findings was analyzed. Data analysis was done in three main steps of coding: open coding, selective coding and axial coding. In this research, three main categories of inefficiency of the judicial system, helplessness of teenagers and lack of social justice advocacy were found. The ineffectiveness of the judicial system means the lack of institutions such as skilled and committed legal counsel, social workers, and children's police, the lack of social and legal support for teenagers in economic problems related to bail and ransom and getting a lawyer even to help teenagers and their families. In obtaining relevant information, he leads to the confusion of the teenager and the delay of proceedings. The innovation of this research is that the pathology of the judicial process of juveniles in Iran has been investigated from a psycho-social point of view and from the point of view of the stakeholders, i.e. juveniles who are under the law. According to the examination of the experience of teenagers, they are so worried after the trial that they almost always feel anxious. They are afraid that the same thing will happen again and if they fight, they will go to court again. Due to the lack of familiarity with legal issues, teenagers think that as soon as they enter the court, it will be considered a bad record for them and their career and social future will be in danger, they become anxious. This type of proceedings not only does not prevent the teenager from committing the crime again, but also turns him into a helpless person who is prone to all kinds of injuries. Instead of improving its effectiveness as a crime prevention system, this system has degraded and degraded the youth's self-esteem and labeling them, ultimately leading to isolation, social rejection and helplessness of the youth. In fact, a system that aims to reduce recidivism actually puts the teenager on the path to re-offending.

Some violence against children and teenagers is rooted in laws and regulations, which can be called legal violence. Legal violence means violence that is imposed on children and adolescents in the name of law and by the legislator. One of the cases that is considered legal violence against teenagers is the punishment of people under 18 years of age. In Article 91 of the Islamic Penal Code of 2012, in minimum compliance with international documents, the Iranian legislator required maturity, sound reason and criminal competence for sentencing offenders to Hadd & Qesas. But the serious ambiguity that exists in the above-mentioned legal article is that: Are criminal growth and intellectual perfection in adults under 18 years of age assumed or not? Because in the first assumption, the accused must prove that s/he is not mature, but in the second assumption, the proof of the contrary is up to the accused or the prosecutor's office. In this article, while expressing different views, the authors have reached the conclusion that although the appearance of Article 91 of the Criminal Code requires maturity and criminal competence for juveniles responsibility, but in fact, it implies that they are not criminally competent, unless it is proven otherwise; because otherwise, while promoting a kind of legal violence against teenagers, it is concluded that the legislator has not followed a discriminatory policy regarding adults less than 18 years of age.

Review:The family, as the first social unit and the smallest, is the only social structure with continuity and harmony that has existed for a long time in human life and fulfills the most important vital human needs and establishes its social relations. The structure of the family and the conditions that govern it have an undeniable impact on the behavior and future of children and their delinquency. this study was conducted, with the aim of investigating the effect of family role on juvenile delinquency of Isfahan Education Reform Center and with descriptive survey-analytical correlation research method (descriptive and inferential statistics) using SPSS software with three hypotheses, family structure (single parent , Economic, Population and immigration), parental characteristics (delinquency, addiction and behavior) and family ecology. The results show that there is a significant relationship between family structure of single parent type with paternal death, parental characteristics and family ecology. .

The Code of Criminal Procedure adopted in 1392 with subsequent amendments and additions, except for crimes under the jurisdiction of the Judicial Organization of the Armed Forces, preliminary investigation of crimes of persons under 15 years of age under the jurisdiction of juvenile court and preliminary investigation of crimes of persons aged 15 to 18 years Shamsi, with the exception of crimes against chastity, has considered the 7th and 8th degree ta'zir crimes under the jurisdiction of a branch of the city's Public and Revolutionary Prosecutor's Office as the Special Juvenile Court. However, according to Article 315 of this law, crimes subject to the jurisdiction of the First Criminal Court, as well as the Revolution, in cases that are tried by multiple judges, if committed by adults under the age of 18, a special juvenile criminal court will try them. ‌ شد. However, this law is ambiguous in terms of competent authorities for conducting preliminary investigations and prosecuting crimes under Article 302 committed by minors and adults under 15 years of age. The authors, in this article, based on the legal standards and general principles of criminal law, come to this conclusion. It was concluded that in the case of persons under the age of fifteen, if the person is a minor, the preliminary investigation and trial of public crimes or revolution covered by Article 302 of this law will be carried out by the juvenile court, but if the perpetrator is under the age of 15, the reference Preliminary investigation and trial, the criminal court is a special case for juvenile delinquency.

The crimes of children due to special circumstances require special justice system that utilizes institutions and special procedures, special attention to their crime. Children's justice system should be able to modify them on the one hand and on the other hand can guarantee fundamental rights to all over the investigations. The Code of Criminal Procedure 1998 given the lack of specific penalty in some cases to apply general rules to the children there. The Code of Criminal Procedure Act of 2013 special legislative procedure for preliminary investigation, trial and execution of judicial decisions relating to children and adolescents is defined. The penalties are in addition to those under 15 years of crime, investigation and prosecution duties of a judge and the family and parents in all stages of the criminal process involved with the criminal justice system work. According to the preliminary investigation of the prosecution and investigation by a judge or a request made by the investigating judge and the court of all the tasks that the law of the court is restraining the spur.

The Islamic penal code of Iran enacted 1392 has not predicated a particular ruling for the multiple crimes committed by juveniles and minors. This silence of the legislator makes disagreement between legal doctrine and judiciary. The author with applying the descriptive-analytic and library method and with aim to present a logical resolution for the ruling of the multiple crimes committed by minors, meanwhile studying the different attitudes and with relying on the legal standards and the general principles of the criminal law and for response to this question if the public regulations about all persons under age of 18 years old (including children and mature under the age of 18 years old) from the point of the enforcement of the punishment and security measures can be enforceable it has resulted that with considering the explicitly of Article 146 of the Islamic Penal Code 1392, the indication of the divergent meaning of Article 148 of this law in the implementation of penalty on mature persons, the explicit implication of the last part of Article 91 of the mentioned law the term ”مجازات“ (punishment) about mature persons who are under age of 18 years old and the generalizaity of the statement ”یکی از تصمیمات ذیل…“ (one of the following decisions…) in the upper part of Article 88, the regulations of the multiple crimes for all mature persons who are under 18 years old that the social reaction against them are of the crimes is enforceable.

Human personality is gradually perfected in childhood. Flexibility and the ability to modify the behavior of children and adolescents is in conflict with the criminal law of putting offending label, taking security and corrective measures, and specifying a minimum age of responsibility for them. The Islamic Penal law passed in 1392has adopted an improve penal policy in line with Islamic criminal law, taking remarkable innovations including identify the levels of criminal responsibility according to different age groups, taking the age of criminal responsibility more than the age of puberty regardless of being male or female, predicting the a variety of reform-oriented community-based and lenient decisions and measures, in sentence crimes, the involvement of criminal development in the full criminal responsibility, accepting diminished criminal responsibility, particularly in Hadd and Qisas (equal retaliation) offenses. The same is with the criminal law in which the age of puberty is determined due to the criminal development and is considered as elements of criminal responsibility and, in turn, implies a gradual and hierarchical criminal liability and free-handedness of an Islamic state in determining the age of comprehensive criminal liability and the type of responses in that age and before that, except in cases where the legislator expressly prohibited. The paper aims to clarify that determining the age of fifteen solar years old as evidence of growing criminal does not conflict with Islamic law in offenses as well as crimes causing the Hadd and equal retaliation

Achievements of different knowledge such as criminology and penology and also use of answering experiences to criminals show that equivalent giving response and answering to crimes perpetrators, were inefficient and that lead to stabilizing crimes of juvenile offender. In the meantime, documents and international regulations of human rights also with emphasis on different components are still in search for blockage of cycle of becoming a habit of delinquent of this category of citizens. The bests interests of juvenile offender, that as a strategic and fundamental principle was important for system of criminal policy of united nations, and considered as an index so that internal criminal policymakers of countries by that can make decision about choosing methods for removal and stop of relationship of children and teens with criminal process for ever and can be provided as a goal. Criminal justice system of Iran also by these changes in 1392 and by following from paragraph 1 of article 3 of convention on the rights of the children tried to respect to this principle and, in the light of readings of it, in two levels of giving answer and answering as that is possible select a cohesive policy and that to what extent it was successful, is a subject that this writing will consider it. Because it seems that on one hand legislator seek to respect to the bests interests of juvenile in punishable crimes and on the other hand, try to respect to laws, limits and retaliation, that in this way faced with significant duality.

Every child & juvenile, in every place & time, is equally entitled to the enjoyment of his or her human rights as an inherent & inalienable right. Whether that child & juvenile is a criminal or a non-criminal, children & juveniles deprived of their liberty are among the most vulnerable groups in society whose rights cannot be ignored. Today education is considered an essential element of the progress & development of human societies & the right to education of children & juveniles deprived of their liberty is also considered as one of their human rights & citizenship. Although, having the right to education of children & juveniles deprived of their liberty can play an essential role in re-socializing & reforming them. However, the implementation of this right in Iran has several challenges.

The present paper, which is written using library documents & resources in a descriptive & analytical manner, examines the challenges facing the right to education of children & juveniles deprived of their liberty in Iran & offers solutions.

Findings & results of the study indicate that the implementation of the right to education of children & juveniles deprived of liberty in Iran faces numerous cultural, financial, judicial, legal, administrative & security challenges that must be addressed in order to address the existing challenges using the solutions provided for each What better way to take action than to enforce this right.

The facts show the need for societies to have places that can keep inconsistent & abnormal people out of society for a while & to make arrangements so that they can reform & return to society for social welfare. The right to education of children & juveniles deprived of their liberty is one of their fundamental rights & it is the responsibility of governments to take measures in this regard to take. So that they, like other members of society, can achieve the right to education as their human right.

Despite the adoption of differential criminal policy in the field of juvenile offenses against adults and the admission of people under the age of 18 as a group of children and adolescents under certain domestic and international laws, the age range and the commencement of criminal responsibility have remained controversial. From the point of view that the Atomic attitude towards the initiation of criminal responsibility is absolute in the girl of 9 years and in the 15-year-old boy of the whole lunar age, or that the formation of criminal responsibility and the readiness of the acceptance of punishment are gradual, Each stage of development is progressively graded, from the mild to the full scale.This is due to the author's view of the dominance of Aristotelian logic in the legislator's view that the adoption of a fuzzy view and application of this view in the discussion of the age of criminal responsibility can be categorized by criminal responsibility and the punishment of perpetrators by category. Shape their age and guide cohesion in legislator performance and judgment towards discriminatory criminal policy. By doing this research, the author is trying to investigate the feasibility and the way of applying fuzzy attitude in the age of criminal responsibility. Does this attitude contribute to the development of a child and adolescent support system and the integrity of the process? Therefore, while explaining the fuzzy attitude and the necessity of its application in different domains, its rules in the area of criminal responsibility are presented by fuzzy diagrams and fuzzy inference system, so that the necessity of applying fuzzy attitude and how to apply fuzzy calculations in drawing the relationship with age are presented. State the degree of criminal responsibility and the type of punishment and the benefits.

The trend of increasing number of drug addicts and seizures in Mahallat is a worrying situation, with about 52 kg of drugs seized in 2012. Certainly combating the tendency of youth and adolescents to use drugs needs understanding its causes to provide effective prevention and coping strategies.

This is a descriptive-analytic research. The statistical population of the study consisted of 35 addicts who were treated and randomly selected. In this respect, a researcher-made questionnaire was distributed among them. Independent sample t-test was used to test the hypotheses.

The results indicated that dependency on friends and peers, family role, drug availability, community curiosity and individual factors (such as age, education, etc.) affects youth and adolescents' tendency to drug addiction. In order to prevent and reduce the tendency of people to use drugs, it is suggested that different social institutions (family, school and community) modify existing media programs, create leisure activities, educate youth and teens, and raise family education, parental attention. Encourage your child's friends, families, and individuals to prevent drug-induced youth and adolescents from neighborhoods.

Restorative justice is one of the types of justice in the criminal law system, which instead of relying on punishment and strengthening its aspect, by combining some of the features of the criminal system of the descent and the criminal system of rehabilitation focuses on compensating for the losses suffered and the social fate- family and even all of society. Therefore, the main concern of this kind of justice is the compensation of the victim and the retribution of the offender to the community without the execution of the punishment or the minimum punishment. In this paper, we will examine the approaches and programs that are applicable to children and adolescents in the process of prosecution and preliminary investigations. Considering the specific psychological and physical conditions of this age group and their greater vulnerability, attention to restorative approaches is important to them. Finally, we will conclude that the lawmakers in the penal code of 1392 have considered restorative and semi-restorative approaches to children and adolescents, which are consistent with the principles of restorative justice.

Reasonable doubt principle is considered as an area for interpreting the doubt in favor of the accused, which has been accepted as a principle in article 120 of Islamic Penal Code in light of the existing jurisprudential principles. Furthermore, under article 91 of Islamic Penal Code relating to crimes of juveniles under 18 years old punishable by fixed corporal punishment and talion, some instances provided which overlap with objects of reasonable doubt principle. However, the scope of article 91 is wider than that of article 120 because, on the one hand, it includes talion, and on the other hand, establishment of growth and complete wit are required for its application. Of course, application effects of reasonable doubt principle is not identical for minors and juveniles. Interestingly, in crimes punishable by fixed corporal punishment, after establishment of reasonable doubt, the grown-up perpetrator will be released and discharged from punishment and criminal justice while juvenile perpetrator will be kept in circle of criminal justice and sentenced by tazier. However, all in all, it seems that article 91 is favorable to juveniles because it includes numerous instances and requires the establishment of growth and wit in crimes punishable by fixed corporal punishment and talion. Therefore, such article, principally, amounts to non-application of severe punishment on perpetrators.

The young are citizens and in their being citizens they have special status because of being in the process of growth and formation of personality. Hence, criminal policy makers have developed special acts for the young and have defined certain conditions for them in order to settle the disagreements on the procedures of juvenile crimes. The formation of professional courts for the investigation of juvenile crimes is the most significant effect of this approach. The rationale underlying this approach has been to develop a special space in criminal justice system for interaction with the young offenders. However, there have been some fluctuations in and challenges against the policies of juvenile courts. Iranian criminal policy has deleted some of such special courts and has ignored some of such measures. Nevertheless, the legislator has paid attention to special courts for investigation of juvenile crimes in criminal procedure Act1392. This article addresses the Iranian legislator’s approach to juvenile courts for the investigation of appeal and non- appeal crimes.

In this paper, it is tried to examine the most important aspects of the England and Wales legal system about juvenile justice. So the essential part of the paper is regarding to juvenile court and Legal measures of the judicial practitioners in juvenile court procedure. Therefore, the relevant issues are divided to four parts: first part tries to explain orders issued by prosecutor in pre-trial stage. Second part is related to measures which take into account by judges in trial. In part three, the way to get a sentencing is discussed. It is worth noting that there is an essential difference between the juvenile punishment and old persons, so it will be useful clarifying these kinds of punishment in part four