Assistant professor of the faculty of law of Shahid Beheshti University
Abstract
Due to their age and their undeveloped personality, children and young persons are more vulnerable towards deviance and delinquency. Children and young persons who commit crime are victims of failure of social institutions such as school, family, neighborhood, … in carrying out their duties. Although children and young persons from a particular stage in their lives are to a certain extent regarded as criminally competent and as a result, for the fact of their offence will be liable to criminal sanctions, however, they are invariably in need of support through out the said process. It is in such framework that the differential penal policy in respect of juvenile delinquents appear justifiable and meaningful. In this article on the one hand, the present approach adopted by the Iranian criminal justice system in respect of juvenile delinquency and the approach adopted in the “Formation of Juvenile Court” Bill (or as the Islamic Consultative Assembly puts it Bill of “The Law Relating to Juvenile Crimes”) which in the event of being passed by the Parliament will form the future of the juvenile criminal justice system. On the other hand, some aspects of the present and future of the Iranian juvenile justice system is considered and the importance of adoption of a differential approach by the legislature has been stated and stressed upon.
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