Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Researching the deprivation of freedom of delinquent children and teenagers and its evaluation in the criminal justice system

Document Type : Research Article

Author
Seyyed Sajjad Razzaghi Mousavi
Master of Criminal Law and Criminology, Faculty of Law and Political Sciences, Allameh Tabatabai University. (Corresponding Author)
Abstract
The negative sentences of children and adolescents are released in the form of detention in a correctional center. As the title suggests, juveniles in conflict with the law are being held for the purpose of correcting and treating them. Therefore, it is completely in line with the primary and main goals of the criminal justice system for children and adolescents. The main purpose of enforcing enforcement and punishment in dealing with juvenile delinquency is to correct, educate and rehabilitate them, and above all, to try criminal justice measures to rehabilitate and prepare the individual to return to society. Rehabilitation of children and adolescents in conflict with the law is one of the most important issues in the criminal policy of a legal system. It should be considered through extra-legislative, legislative and sub-legislative regulations, according to future-oriented, reformist and education-oriented approaches, its decriminalization, so that on the one hand, children and adolescents are allowed to return to the family environment. And to be a community, and on the other hand, prevented various harms caused by committing crimes against them and the community. In the present article, using the library-documentary method and descriptive analysis, an attempt was made to examine the effects of the rehabilitation system approach with the aim of supporting children and adolescents in the Iranian legal system with emphasis on international documents.
Keywords
Children and Adolescents
Correction
Rehabilitation
Correctional Center
1- Khajenouri, Yasman, (2016), Globalization of criminal law for delinquent children, Tehran, Mizan Publications, first edition.
2- Abachi, Maryam, (2008), Criminal rights of children in United Nations documents. second edition. Tehran: Majd Publishing.
3- Gholami, Hossein, (2016), Criminology, "Generalities and Basics of Criminal Responsibility", Tehran, Mizan Publishing House, first edition, p. 190
4- Gholami, Hossein, (2013), Recidivism, Legal-Criminal Investigation, Tehran, Mizan Publishing House, p. 58
5- Gholami, Ali and others, (2008), the effect of repressive criminal policy on the rate of committing crimes with a view to the criminal policy of Islam, Research Journal of Islamic Law of Imam Sadiq University (AS), 10th period, winter, number 30.
6- Muezzinzadegan, Hasan Ali, Gholami, Nabi Elah, (2017), analysis of the evolution of the criminal procedure law regarding the orders of criminal protection of children and adolescents, two scientific quarterly promoting jurisprudence and family law, 23rd year, No. 63. Fall and winter.
7- Mirkamali, Alireza, Hosseini, Aniseh, (2014), Center for Correctional and Education from the Perspective of Developmental Prevention, Criminal Law Research Quarterly, 4th year.
8- Najafi Abrandabadi, Ali Hossein, Hashem Beigi, Hamid, (2017), Encyclopedia of Criminology, Ganj Danesh, Tehran, fifth edition.
9- Najafi Tawana, Ali, (2018), Abnormality and Delinquency of Children and Adolescents, Tehran, Mizan Publications, first edition.
10- Niazpour, Amirhassan, (2016), "Rehabilitation of criminals in Iranian regulations", jurisprudence and law. (11): 145-164.
11- Austin, j, 2001, Prisoner reentry: current trends, practices, and issues. Crime & delinquency, 47(3), 314-334.
12- Beigi J, Teymouri M. The Right to Education of Children Deprived of Freedom and the Challenges Facing It in Iran. Tehran: International Conference on the Rights of the Child; 2020.
13- Bousat-Pinatel, 1963, Traite de droit penal ET la crimionolgy, ED-Dalloc-Paris-P-202.
14- Braithwaite J. Restorative Justice. Journal of Legal Research 2006; [Persian]
15- Children's Bureau, Determining the best interests of the child, Washington D.C: U.S. Department of Health and Human Services, Child Welfare Information Gateway 2016, P 3, Available at: www.childwalfare.gov.
16- Craig, L.A. (2013), What works in offender rehabilitation, Wiley-Blackwell, pub. USA, p4.
17- Dulacoasta L. European Criminal Policy; an Example of Internationalization of Criminal Penalties at the Regional Level. Translated by Najafi Ebrandabadi AH. In the Proceedings of the Honorable Professor Mohammad.
18- Gideon, L. and Sung, H.E. (2011) Rethinking corrections, Sage publication. Los Angels, pp. 79-80
19- Hemmat M. The Basics and Necessities of Alternative Imprisonment on Children and Adolescents. Quarterly Journal of Private and Criminal Law 2018; 37. [Persian]
20- Lawrence R, Hemmens C. Juvenile Justice. Sage Publisher; 2008. [Persian]
21- Mc Neill, F (2012), Four of offender rehabilitation: towards an interdisciplinary perspective, legal and criminological psychology, 17,18-36.
22- Miano. S. Marie, 2013, Toward a Child-Oriented Approach to Reparations: Reflecting on the Rights and Needs of Child Victims of Armed Conflict, RRAXIS the Fletcher journal of Human Security, Volume XXVIII, P.38.
23- Niazpour AH. Criminal Law of Children and Adolescents. Tehran: Mizan; 2017. [Persian]
24- Tadayyon A. Comparative Pedophilic Penal Law. Tehran: Mizan; 2017. [Persian]
25- Van Kempen and young, P.H.P.H.MC, W. (2012) Prevention of reoffending, Intersenita, pub, p.14.
26- Von Hirsch, A. Achworth. A. and Roberts, j. (2009), Principled sentencing, Hart publishing, USA. P. 6.

  • Receive Date 22 October 2022
  • Accept Date 24 February 2023