Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 855-870 |
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Irani A, Medipour Moghaddam A R, Azadi O, Norouzi A. The Position of Criminal Justice in Determining Therapeutic Responses to Child and Adolescent Criminality
"A Comparative Study ". MLJ 2022; 16 (57) :855-870
URL: http://ijmedicallaw.ir/article-1-1331-en.html
URL: http://ijmedicallaw.ir/article-1-1331-en.html
1- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
2- Department of Criminal Law and Criminology, Faculty of Humanities, Naraq Branch, Islamic Azad University, Arak, Iran
3- Department of Criminal Law and Criminology, Faculty of Humanities, University of Kashan, Kashan, Iran
4- Department of Criminal Law and Criminology, Faculty of Humanities, University of Judicial Siences and Administrative Services, Tehran, Iran
2- Department of Criminal Law and Criminology, Faculty of Humanities, Naraq Branch, Islamic Azad University, Arak, Iran
3- Department of Criminal Law and Criminology, Faculty of Humanities, University of Kashan, Kashan, Iran
4- Department of Criminal Law and Criminology, Faculty of Humanities, University of Judicial Siences and Administrative Services, Tehran, Iran
Abstract:
Background and Aim: Today's criminal justice approaches regarding children and adolescents have found paracriminal predominances and from this point of view, considering the importance of their personality dimensions and guaranteeing their health, we can speak of an important therapeutic approach as the dominant state of criminal responses to children and adolescents' crimes. This attitude comes from the concern of respect and friendship with these vulnerable people in the capacity of implementing programs and systems that are completely therapeutic and not just for determining punishment. The newness of these programs can be seen even in American criminal law, which has made the authors of this country to point out the need to pay more attention to treatment-oriented programs.
Method: The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.
Ethical Considerations: In all stages of the current research, the authors have tried to observe scientific honesty and original references.
Results: In the Law on the Protection of Children and Adolescents approved in 2019, despite the strengthening of the umbrella of protection for this vulnerable group, but the therapeutic attitude has not been attached to this legal approach and many of the existing solutions in the developing countries have not been taken into consideration and it seems that this The law has not paid much attention to the therapeutic approach of children and adolescents.
Conclusion: The mechanisms, the orientation of the programs as well as the type of treatment responses are among the questionable axes in this article. In general, the absence of provisions related to the tasks and description of the programs and the subjects of these treatment programs in Iranian laws and their various operational details such as the active institutions in these programs, shows the completely passive and unprecedented situation in this regard of the programs in the country. These treatment programs have sometimes been turned into the discretion and expediency of judicial authorities, which can be in conflict with the philosophy of treatment and not have an effective role in reducing the costs of criminal justice in reducing the repetition of delinquency of these people in the future. Keywords: treatment programs; children and adolescents; criminal response; Paracriminal institutions.
Please cite this article as:
Irani A, Medipour Moghaddam AR, Azadi O, Norouzi A. The Position of Criminal Justice in Determining Therapeutic Responses to Child and Adolescent Criminality "A Comparative Study ". Medical Law Journal. 2022; 16(57): e61.
Method: The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.
Ethical Considerations: In all stages of the current research, the authors have tried to observe scientific honesty and original references.
Results: In the Law on the Protection of Children and Adolescents approved in 2019, despite the strengthening of the umbrella of protection for this vulnerable group, but the therapeutic attitude has not been attached to this legal approach and many of the existing solutions in the developing countries have not been taken into consideration and it seems that this The law has not paid much attention to the therapeutic approach of children and adolescents.
Conclusion: The mechanisms, the orientation of the programs as well as the type of treatment responses are among the questionable axes in this article. In general, the absence of provisions related to the tasks and description of the programs and the subjects of these treatment programs in Iranian laws and their various operational details such as the active institutions in these programs, shows the completely passive and unprecedented situation in this regard of the programs in the country. These treatment programs have sometimes been turned into the discretion and expediency of judicial authorities, which can be in conflict with the philosophy of treatment and not have an effective role in reducing the costs of criminal justice in reducing the repetition of delinquency of these people in the future. Keywords: treatment programs; children and adolescents; criminal response; Paracriminal institutions.
Please cite this article as:
Irani A, Medipour Moghaddam AR, Azadi O, Norouzi A. The Position of Criminal Justice in Determining Therapeutic Responses to Child and Adolescent Criminality "A Comparative Study ". Medical Law Journal. 2022; 16(57): e61.
Type of Study: Original Article |
Received: 2021/05/11 | Accepted: 2021/06/26
Received: 2021/05/11 | Accepted: 2021/06/26
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