Background and Aim: Fine is one of the common punishments in the penal system for adults and juveniles. Applying fines to adults has a long history and its effectiveness has been proven, but in the case of teenagers who often do not have enough source of income, the philosophy of imposing this punishment is questionable. However, some countries such as Iran prefer the merits of this punishment over its disadvantages and use it in the juvenile penal regulations. The disadvantages of monetary punishment on one hand and the vulnerability of teenagers and their special conditions on the other hand require the adoption of special methods to implement this punishment as optimally as possible. Iran's legal system does not differentiate between juveniles and adults in the implementation of fines. In this regard, the current research seeks to achieve the question that in Iran's legal system, which proposed method can help to implement fine fines for juveniles as much as possible and reduce as much as possible its disadvantages and legal and executive challenges.
Method: In this article, the Persian and English library and digital resources of recent years have been used, in order to recognize the right to the mental health of delinquent teenagers to receive a criminal response through the analysis of the fine punishment of juvenile delinquents from the perspective of critical criminology.
Results: It is discussed that among the existing methods in solving the disadvantages of monetary punishment, the daily monetary punishment method is in the category of criminal justice model and work and social services method. The alternative was discussed in the category of restorative justice model. Among these two methods, free work and social services method, as an alternative to imprisonment, besides being more compatible with the current legal regulations in Iran, is also more compatible with the principles and findings of criminology.
Conclusion: It is appropriate for the Iranian legislator to revise his philosophy in order to benefit from fines in response to the behavior of juveniles against the law, or to establish special regulations regarding the execution of fines for juveniles in order to reduce the implementation problems of this punishment as much as possible. Thus, the right of delinquent teenagers to enjoy reformation and rehabilitation, by receiving a criminal response in the form of community services, is provided better than traditional punishments; as same as the daily fine does not suffer from the problems of the traditional fine.
Please cite this article as:
Khaghani Esfahani M, Khamoushian SA. Fine Punishment for Juvenile Delinquents from the Perspective of Critical Penology. Child Rights Journal. 2023; 5(18): 67-85.