Journal of Criminal Law and Criminology

Journal of Criminal Law and Criminology

A Critical Reappraisal of the Response to Juvenile Delinquency within the New Iranian Legislative Approach

Document Type : Original Article

Authors
Borhan Khateri 1
Nasrin Mehra 2
Mohammadali Mahdavisabet 1
Nourooz Kargari 1
1 Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Islamic Azad University, Science and Research Branch, Tehran, Iran.
2 Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
10.22034/jclc.2024.408852.1898
Abstract
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for other non-discretionary crimes (qeire-ta’ziri) reflects the legislator’s continued adherence to traditional, outdated methods.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.
 
Keywords
Critical Analysis
Delinquency
Children and Juveniles
Graduated Response
Corrective-Oriented Responses
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Journal of Criminal Law and Criminology
Volume 13, Issue 27
Winter 2026
Pages 45-74