Differential proceedings of criminals under 18 years old with a view to the Criminal Procedure Code 2013

Authors

  • Seyed Jalal Mirkazemi Electronic Branch, Islamic Azad University
  • Bahman Hosseinjani Electronic Branch, Islamic Azad University

DOI:

https://doi.org/10.24200/jsshr.vol4iss04pp50-55

Abstract

By the approval of Criminal Procedure Act in 2013 and its amendments in 2015, a new item was formed in the field of criminal proceedings, especially proceedings of children and adolescents. Methodology: It has enacted detailed rules on defendants' rights and duties and powers of the judicial authorities and law enforcers, the conditions and how to choose judges among the qualified individuals, the presence of experienced consultants in the trial, the use of simple criminal security order in the preliminary investigation phase and personality record in the work unit with criminal proceedings and fast proceedings and if possible try to compensate the losses of the victim to the sentencing and making appropriate decision and a flexible view and free from any violence at the phase of execution and try to correct and reform children and adolescents. Results: Criminal Procedure Code of children and adolescents is to avoid proceedings and compliance of legal guarantees of committed child and follow the integrated model (punishment, rehabilitation and restoration). Proceeding system of children and adolescents has a process with various phases and a person that as an accused enters the process of investigation, prosecution, trial, conviction and punishment according to age and lack of life experience and the inability to defend his rights, the possibility of violation of his rights will be doubled. Conclusion: Among the innovations of the Criminal Procedure Act in 2013 in the field of juvenile delinquency is the forecast of courts and courts specialized children and adolescents, granting preliminary investigations to court and non-interference of judicial officer, police of children, the requirement of the presence of lawyer in serious crimes and conditions of selecting judges special for children and so on.

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Published

2019-08-14

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Articles