چکیده:
It can be clearly stated that juvenile delinquency is one of the new topics in criminal law. Since from the perspective of a fair trial, juvenile delinquency proceedings are fundamentally different from their adult counterparts, the establishment of special juvenile courts, in addition to special substantive laws and special juvenile proceedings, is essential. In various criminal policy models and numerous international instruments, criminal policymakers have typically recognized the right of children and adolescents to access a fair trial in legislative and supra-legislative regulations, but the right in question is enforceable in practice and in practice. There are many legal restrictions.Thus, this study examines the status and means provided in order to protect the rights of children and adolescents as one of the influential factors in a fair trial from the perspective of criminal policy models with emphasis on the freedom-oriented and power-oriented model. A different perspective on the establishment of a fair and dignified trial in juvenile delinquency, as well as an analysis of the ambiguities, challenges, and all the guarantees that may arise in juvenile delinquency under the pretext of combating crime that violates the fundamental rights of children in juvenile delinquency. Will review the proceedings and prevent the crime from being prevented and the child from being reintegrated into the community.
خلاصه ماشینی:
In short, what strengthens the necessity of investigation and careful consideration in the aforementioned field is the importance of the reform and treatment of children and adolescents, the need to focus on the social reintegration of the child instead of imposing repressive punishments, and the avoidance of creating limitations in the process of fair and dignity-centered trials in handling juvenile crimes throughout all stages of proceedings.
Accordingly, observing fair and dignity-centered trials in handling juvenile crimes requires proceedings in informal sessions, confidential proceedings, proceedings based on civil rights and an approach combined with leniency, and the use of security and educational measures as alternatives to punishment within the framework of assisting children, and the creation and establishment of various training courses such as child psychology, criminology, counseling, and social work for criminal justice actors such as police and judges who are active in juvenile proceedings.
These institutions include the police, the prosecutor's office, and special courts; based on what has been stated, in this research, the first part will examine the framework of special juvenile courts in terms of the specialization of special child courts, and the second part will address the differences between juvenile courts and adult courts, primarily emphasizing assistance to children, attention to confidential and informal sessions, proceedings according to civil rights, and the absence of a jury in court sessions, in light of criminal policy models and with an emphasis on the liberal (liberty-oriented) model.
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