نوع مقاله : پژوهشی
دانشجوی دکتری، گروه حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران، ایران
عنوان مقاله [English]
The United Nations has adopted four important instruments on the rights of the child, of which the Convention on the Rights of the Child is the only binding instrument. These documents include various rights for children and adolescents, including discriminatory proceedings. It can be said that discriminatory proceedings are also one of the privileged rights of children and adolescents who oppose the law. Because the child or adolescent who opposes the law, is the victim of unfavorable living conditions and social environment. Hence, they need the differential support of the legislature. Highlights of the Differential Trial Based on International Child Rights Documents, in the Preliminary Investigation Stage, including the Juvenile Police and the Juvenile Court, and in the Proceedings, including the Juvenile Court, the Juvenile Judge and the Special Adviser Turns. This article shows that Iranian criminal justice system has taken firm steps to comply with international instruments on the rights of the child, both binding and non-binding, to achieve a discriminatory trial for children and adolescents. Therefore, it can be argued that the differential discourse of the Iranian criminal justice system promises the globalization of the rights of children and adolescents. Of course, while praising the legislature's discriminatory approach, some objections to this view should not be overlooked, such as the lack of a juvenile police force, the presence of a counsel in court, and the lack of free access to lawyers. It is hoped that by correcting the existing flaws, the mission of the differential criminal justice system, reforming and rehabilitating children and adolescents in conflict with the law, will be adequately met.