نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Procedural independence in juvenile criminal justice is one of the most significant issues in modern criminal law, emphasizing the distinction between juvenile and adult proceedings. Its importance lies in the fact that the juvenile offender is not merely regarded as a criminal but as a developing individual in need of educational and social protection. In the Iranian legal system, the Code of Criminal Procedure of 2013 and certain special regulations have recognized the establishment of juvenile courts, the confidentiality of trials, the presence of lawyers and social workers, and restrictions on the publication of juvenile-related information. Nevertheless, shortcomings remain in legislative and practical dimensions, including the lack of sufficient specialized judges, weaknesses in supportive institutions, and cultural and social challenges that sometimes hinder the realization of the goals of procedural independence. On the other hand, international instruments such as the 1989 Convention on the Rights of the Child, the 1985 Beijing Rules, and the 1990 Riyadh Guidelines provide clear standards to ensure procedural independence in juvenile justice. A comparison of these instruments with domestic law shows that although positive steps have been taken in Iran, further legislative reforms and institutional strengthening are still needed. The findings of this study demonstrate that procedural independence is a necessary condition for achieving juvenile criminal justice, and without it, the rehabilitative and reformative aims of the system will not be realized. Therefore, greater alignment with international standards and the enhancement of institutional capacities in Iran are imperative.
کلیدواژهها English