نوع مقاله : علمی - پژوهشی
عنوان مقاله English
نویسندگان English
A differentiated, corrective-restorative approach to juvenile delinquency is evident in the Convention on the Rights of the Child (CRC) and in numerous international instruments and United Nations strategies for safeguarding and promoting children’s rights. Correspondingly, the legislative criminal policies of many countries align with these strategies, adopting a differentiated criminal policy towards juvenile offenders that emphasizes a rehabilitative-protective perspective. In recent years, through the enactment of new laws, the Iranian criminal justice system has, to some extent, adopted a reformist and community-based approach. However, a retributive approach persists in certain aspects, and in the application of severe punishments and leniency mechanisms, a duality exists between religious (shar’i) and non-religious (qeire-shar’i) penalties. Reforms and innovations include distinguishing the age of majority from the age of entry into the criminal justice cycle for discretionary crimes (ta’zirat) and the abolition of flogging within this category. Conversely, the retention of harsh and sometimes corporal punishments for other non-discretionary crimes (qeire-ta’ziri) reflects the legislator’s continued adherence to traditional, outdated methods. It is posited that from both legislative and judicial criminal policy perspectives, a considerable distance remains to achieving the ideal position and fully differentiating the responses of the criminal justice system. The research method in this study is analytical-applied. The paper’s objective is to promote the best interests and secure the welfare of children. It is expected that by accurately identifying legislative and judicial challenges in the criminal response to juvenile delinquency and enumerating shortcomings alongside constructive suggestions, this work will provide a groundwork for amending current laws and judicial approaches.
کلیدواژهها English
