Juvenile criminal proceedings overseeing the trial phase in Iranian law and international instruments

Document Type : Original Article

Authors

1 ostad

2 daneshyar

10.30510/psi.2022.290899.1828

Abstract

The trial stage is very important in the criminal process. Because, it is at this stage that the fate of criminal cases and the type or nature of criminal law responses to criminals are determined. In the field of criminal law for children and adolescents, this stage is more sensitive. Because delinquent children and adolescents are in the developmental stage and any decision made by the criminal justice system can affect their future behavior. Meanwhile, the issuing authority for children and adolescents is one of the most important factors in combating This is a crime and preventing its recurrence. In order to achieve the sacred goal of protecting the highest interests of children and adolescents in conflict with the law, despite the fact that the principle of equality of persons before the law and the courts in the constitution (Articles 19 and 20 of the Constitution of the Islamic Republic of Iran) Special cases in the investigation of crimes of certain social groups, but due to the achievements of criminal science and criminology and the recommendation of international documents, in the criminal justice systems of most countries, a special juvenile court with special jurisdiction to establish charges against children and juveniles The third paragraph of Article 40 (b) of the Convention on the Rights of the Child provides for the establishment of an independent and impartially competent judicial authority to try children and juveniles.

Keywords