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Showing 5 results for Delinquency
Mehrnoosh Abouzari,
Volume 1, Issue 2 (9-2019)
Abstract
Juvenile delinquency is a form of declaration of incompatibility with the community and a sign of danger in the possibility of their survival in a criminal abduction. The main purpose of applying the guarantees of execution and punishment in dealing with juvenile delinquency is to reform, educate and reconcile them and, above all, seek criminal justice measures to rehabilitate and prepare the person for returning to society. Therefore, it seems that the imprisonment and punishment of liberation cannot be effective in achieving these goals and that violent and violent attacks can lead to a proper and incorrect bias in their behavioral system. As a result, alternative prison sentences for juvenile offenses, influenced by the teachings of restorative justice, will be more than anything else. Penalties that are imposed by the court, with the participation of the public and civil society in the community, with regard to the offense of commission, the personality and criminal record of the offender, the frequency of committing the crime, the situation of the victim and the effects of the commission of the crime. Measures such as periods of care, residence, maintenance at the end of the week, electronic surveillance, free public services and advocacy institutions such as postponement of the sentence, quash, suspension of prosecution, file archiving, exemption from punishment, criminal mediation, suspension Penalties, the semi-liberation system and probation freedoms allow the offender to compensate for the mistake of committing and harming the community and feeling responsible and efficient in society.
Although it should be noted that excessive punishment for substitute imprisonment, regardless of the family context, environment of the life and economic conditions of an adolescent, is a kind of abandonment of his insecure circumstances in his life that led him to delinquency and now again It is in this environment that may result in serious and persistent criminal offenses; in such cases, the calm and discipline of keeping in the center of reform and education and training institutions are preferable to such actions. This paper examines the bases and types of alternatives to juvenile delinquency penalties and then explains the critical attitude of some enforcement instances and possible objections to the imposition of alternative prison sentences.
Please cite this article as: Abouzari M. An Analytical Study on Alternative Punishment for Juvenile Delinquency. Child Rights J 2019; 1(2): 133-154.
Maryam Sha’ban, Seyed Mohammad Hosseini,
Volume 2, Issue 7 (11-2020)
Abstract
This study seeks to investigate how four main areas of reference in Iran and the world are exposed to child delinquent. Therefore, four main areas of reference were identified that include Iranian legal regulations, Islamic religion, the Convention on the Rights of the Child in Islam and the Convention on the Rights of the Child; Then they were analyzed with a qualitative approach and documentary analysis method. The results show that exposure to delinquent children is approximately the same in all four domains. Although the three areas related to Iran and the Islamic world have been centered on Law of Religion, especially Shi'ism, their roots lie in Islamic religion, and against them the Convention on the Rights of the Child as an international matter has been drafted based on the Declaration of Human Rights and the belief in Humanism, but they work very closely on how to deal with child guilty and there are no significant differences between their procedures. Therefore, all four domains regard the child as having no precise decision-making power and consider his/her delinquency a common "mistake" in his/her development. The child should be forgiven as much as possible and his/her error should be ignored; this should also have a corrective and re-interactional aspect to be done within the child's family by the child's parents or legal guardians. Unless child guilty is limited, such as harm to others, which has resulted in violations of the rights of others, all three areas emphasize efforts to minimize penalties and impose penalties for reform and resocialization. the only point of difference is in the definition of the child and the age range that makes the subject different in applying the rules related to child delinquency.
Please cite this article as: Sha’ban M, Hosseini M. The Rights of Delinquent Children and Adolescents in Iran: An Analysis of Four Determining Areas. Child Rights J 2020; 2(7): 31-59.
Esmaeil Kashkoulian, Masoud Heidari,
Volume 3, Issue 9 (6-2021)
Abstract
Background and Aim: Fair trial is one of the most important issues that have always been considered by the legislator in the case of juvenile delinquents. Therefore, in this regard, there have always been several developments that the study of the course of these developments can help the legislator in advancing the lofty goals of children's rights. The purpose of this study is to identify and explain the legislative and judicial developments that have taken place over the years in the field of juvenile justice and has brought it closer to a fair trial.
Method: The method of this research is descriptive-analytical.
Results: The findings indicate that dramatic changes have taken place in the field of juvenile justice, such as the establishment of a juvenile police force, the non-openness of the trial, the specialization of juvenile courts, the need for expert juvenile court judges, the establishment of a juvenile court and possibility of appeal on all the decisions issued by the courts.
Conclusion: During several decades of legislation on children, the Iranian legislature has always tried to take an effective step in the field of juvenile justice. In addition to criminal law dimensions, criminological developments have taken place in this field and the legislature has changed its approach from crime focusing to criminal, so that juvenile delinquency is more just and fair.
Please cite this article as:
Kashkoulian E, Heidari M. The Course of Juvenile Court Proceedings in Iranian Criminal Law. Child Rights Journal. 2021; 3(9): 35-47.
Esmaeil Kashkoulian, Masoud Heidari,
Volume 3, Issue 11 (12-2021)
Abstract
Background and Aim: The phenomenon of juvenile delinquency is one of the most important challenges in societies that imposes destructive effects on the family and society. On the other hand, the media play a very effective role in reducing or increasing crime in society. The purpose of this study is to explain the impact of mass media on juvenile delinquent behaviors.
Method: This research was done using the descriptive-analytical method in the way of library study.
Results: The findings indicate that the mass media can not be considered as a direct cause of crime. But it can be said that these media outlets bring out the potential of children's criminal talents. Meanwhile, video and virtual media are effective in juvenile delinquency through the display of violence and unhealthy and perverted communication.
Conclusion: The results show that the impact of each mass media in reducing or increasing juvenile delinquency is variable. Before the creation and entry of satellites and cyberspace into the lives of citizens, television had a great impact on reducing and increasing juvenile delinquency. Of course, in Iran, due to the government's control and control over the content of television programs, this media has taken more steps to reduce juvenile delinquency. In contrast, media such as satellite and networks related to virtual space, due to the lack of a regular legislative framework and lack of adequate control and monitoring of their content has had a great impact on the growth of juvenile delinquency.
Please cite this article as:
Kashkoulian E, Heidari M. Investigating the Effects of Various Mass Media on Juvenile Delinquency. Child Rights Journal. 2021; 3(11): 53-63.
Seyede Parisa Mirabi,
Volume 4, Issue 16 (3-2023)
Abstract
Background and Aim: The realization of judicial justice is one of the issues of children's rights in conflict with the law, which is in line with fair behavior and performance with emphasis on the best interests of the child, which includes supporting the right to a fair trial and the right to participate effectively in the proceedings.However, the Convention on the Rights of the Child recognizes the right to respect for children accused or guilty of violating the law and the necessary legal measures in actions without recourse to judicial proceedings and actions within the framework of judicial proceedings to support them to compromise with society and take responsibility It has predicted a constructive role. The current research examines the issue of criminal justice for delinquent children and juveniles with descriptive and analytical methods and by using library studies of the laws of the Children's Convention and the theories of the Committee on the Rights of the Child. As a result, government policies in the judicial justice system should be managed according to the standards of the convention, considering the constructive role of children in society and their best interests.
Method: The present research intends to study the chils rights Convention and the theories of the Committee on the Rights of the Child in the issue of criminal justice for delinquent children and juveniles by using the descriptive and analytical method and using library studies.
Results: The findings indicate that the standards of human rights have stipulated that delinquent children should be dealt with in a separate platform and subject to criminal justice responses. Therefore, the conclusion of these human rights doctrines in the scope of criminal justice is that criminal policy makers "individualize criminal justice responses" identify as a comprehensive/general principle of criminal law.
Conclusion: In the light of the application of criminal considerations for delinquent children and teenagers, government policies in the judicial justice system should be managed according to the standards of the convention, considering the constructive role of children in society and their best interests.
Please cite this article as:
Mirabi SP. Criminal Justice for Delinquent Children and Teenagers Emphasizing the Convention on the Rights of the Child. Child Rights Journal. 2022; 4(15): 25-41.
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