Legal inconsistencies with the individualization policy of the welfare model In responding to the crimes of children and teenagers

Document Type : Original Article

Authors

1 PhD student, criminal law and criminology, faculty of law and political science, Ferdowsi University of Mashhad, Mashhad, Iran

2 Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran

3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran

4 Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran

Abstract

The main basis for differentiating responses in the crimes of children and adolescents is the commitment to the welfare model. This model aims to improve the behavioral and personality status of delinquent children and teenagers with an idealistic view and influenced by the human rights strategy. One of the main aspects of accepting the welfare-oriented model is to pay attention to the policy of individualization of answers. This principle means fitting the answer to the character of the offender. The individualization of answers will be realized through the de-authentication of non-clinical variables such as the severity and nature of the crime and the adoption of a child-oriented approach. On the other hand, the diversity of the answers, the preference of the non-incarceration alternative response over the incarceration-reducing answer, and the dominance of the new circuit alternative approach over the traditional one is one of the most important dimensions of attention to individualization. The method of this research is based on the content analysis of the Islamic Penal Code and judicial procedure. The findings of the research indicate non-adherence to the welfare model in terms of individualization in determining the response, that is, depending on the case, in punishment crimes, the model of substitution of imprisonment, and in criminal and retributive crimes, the justice model as the dominant model of punishment has been accepted for crimes against children and adolescents.

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