Requirements for differentiating the criminal procedure of children and adolescents in the pre-trial stage

Differentiation of criminal proceedings against children and adolescents means that the process of responding to juvenile delinquency from the beginning of their contact with the actors of the criminal justice system to the end of their charges is separate and independent from adult perpetrators. The non-discriminatory process can lead to them being labeled guilty, learning how to commit crimes from adult offenders, and violating their rights due to the poor training of agents on how to deal with children and adolescents.

Considering that the present study seeks to find the reasons for differentiating the proceedings of children and adolescents, especially in the pre-school stage, the descriptive-analytical method was used with documentary and library tools from the sources of criminal procedure, criminology and psychology.

The findings of the study show that Iranian criminal law has taken important steps in differentiating the proceedings of children and adolescents in the pre-trial stage, the most prominent of which is the preliminary investigation of all crimes committed by them by a judicial authority, the establishment of a special juvenile court He noted the provisions of the Juvenile Police, as well as judicial mechanisms such as filing cases and postponing and suspending prosecutions.

In order to benefit from the full potential of this policy - differential criminal policy -and to ensure a fair trial for children and adolescents, Iranian criminal policymakers need to anticipate this approach in a coherent manner and in the context of a set of independent rules.