Juvenile justice approach from the perspective of criminal policy models

Document Type : Original Article

Authors

1 Department of criminal law and criminology , Qeshm Branch , Islamic Azad University , Qeshm , Iran

2 Assistant Professor of Department of Criminal law and Criminology , Bandar abbas Branch, Islamic Azad University , Bandar abbas , Iran

3 Assistant Professor of Department of criminal law and criminology , Faculty of law of Shahid Beheshti University , Tehran , Iran

Abstract

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.

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