Challenges in the Trial of Cases Related to Children and Adolescents in Iranian Criminal Law

Abstract

The handling of cases related to children and adolescents is one of the issues that has received special attention from legislators in many cases in various criminal and legal laws. The special importance of this issue is due to the connection between children's crimes and their personality characteristics, as well as their transitional stage from childhood to adolescence and then youth. The process of handling cases related to children and adolescents should be based on the principles of fair trial so that, while protecting their rights, the trial process proceeds based on accepted international criteria and standards. In this regard, the present study has examined the challenges of litigation of cases related to children and adolescents in Iranian criminal law. The aim of this study is to explain the challenges of litigation of cases related to children and adolescents in Iranian criminal law. The method used in this study is descriptive and analytical. The findings of the study showed that the most important challenges in the trial of cases involving children and adolescents are related to the flaws in the formal laws and the trial process of children and adolescents, especially in the preliminary investigation and crime detection stages, as well as in the appeal stage of important juvenile convictions in the Supreme Court, and also in the execution stage of criminal sentences that have not been established in a differentiated manner. Also, the behavior and approach of preliminary investigations in the trial of children and adolescents lacks a differentiated criminal policy, and when dealing with children and adolescents, the adult criminal policy is used. Developing a differentiated criminal policy based on supportive intervention and observing national and international principles and standards, as well as establishing a children and adolescents court in its scientific and realistic sense, changing the method of selecting judges, and also establishing a special advocacy institution in children's cases are among the most important solutions in eliminating the gaps and shortcomings in the trial of children and adolescents in the criminal regulations of Iran.