چکیده:
Today, international law believes that the handling of juvenile crimes must be fair and defines fair trial as the non-punishment of children, believing that children can be exempt from punishment until the age of 18. Based on this principle, the punishment of juveniles in Iranian law has been criticized as a violation and judged as an unfair proceeding. Iranian criminal law, firstly, due to the necessity of forming a character profile of the accused to apply mitigating factors, and secondly, according to the Criminal Procedure Law passed in 2013, juvenile crimes for those aged 15 to 18 are handled in special juvenile courts; for these individuals, adult punishments are not applied, but even in the case of committing the most severe crime, according to a fair trial, they are sentenced to an amount proportionate to the child's psyche. In this article, using a descriptive-analytical method, in addition to answering the doubt about the unfairness of juvenile proceedings, the correct and fair method of juvenile proceedings is also presented.
خلاصه ماشینی:
Critique of the Doubt Regarding the Unfairness of Juvenile Proceedings in Iran from the Perspective of International Law Mohammad Reza Ghasemi 1 Abstract Today, international law believes that the handling of juvenile crimes must be fair, defines fair trial as the non-punishment of children, and believes that children up to 18 years old can also be exempt from punishment.
Iranian criminal law, firstly, considering the necessity of forming a personality profile of the accused to apply mitigating factors, and secondly, according to the Criminal Procedure Law passed in 2013, juvenile crimes for those aged 15 to 18 are handled in special juvenile courts; for these individuals, adult punishments are not applied.
However, an important point that must be noted here is that, according to the principle of individualized punishment, the personality of the accused is important to the judge, such that children aged 6 to 12 have no responsibility, but children aged 12 to 18, according to Articles 17 and 18 of the Juvenile Court Law, will have different punishments.
Iranian law, by taking into account the principles of international law and also by using the judicial experience of the legal systems of countries, has established specific principles in the field of implementing justice in juvenile proceedings.
Regulations Governing the Handling of Juvenile Delinquency In the Criminal Procedure Law, in general and revolutionary courts, separate regulations are provided depending on whether the individual is an adult or a child, and children are subject to regulations distinct from those pertaining to adults in certain aspects.
But children aged 12 to 18, according to Articles 17 and 18 of the Juvenile Court Law, will have a different criminal status.
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