فاروق قوامی زروان

Abstract:

Children and teenagers are naturally a part of the delinquent society. Since this segment of the society does not have cognitive perception and bio-social experience as much as adults, the way of dealing with the problem of breaking the law in this age period is more sensitive and delicate, and this requires the adoption of a type of social treatment for children and adolescents that They commit various crimes. This important thing has caused the tendency of the legislator towards reactions with the participation of the society and reducing the imprisonment responses and corporal punishments in relation to this age group of the society of lawbreakers. In this regard, in addition to institutions such as the suspension of the execution of punishment, which is also used in the community-oriented response to the delinquency of adults, the legislator, based on the special characteristics of children and adolescents, took into account special responses such as those found in Article ۸۸ and ۸۹ of the approved Islamic Penal Code. ۲۰۱۳, has tried to take a different reaction to the delinquency of this group in Govermental approved crimes and in certain circumstances, islamic religion oriented crimes and crimes requiring Execution to death. Considering such answers, the prevention of committing crimes by children and adolescents is mostly based on principles such as avoiding criminal labeling and rehabilitating their personality, and the intimidation aspect of these answers is at the next stage of importance. The institution of social responses to the delinquency of children and adolescents in order to achieve its main goal, which is to reform the character of this group with the value of society and prevent them from committing behaviors that conflict with the law in the future, is facing challenges both in practical and theoretical terms. is These challenges can not only reduce the effectiveness and achieve the goals of this institution, and cause the ineffectiveness of this institution, but also in some cases cause the violation of principles such as the principle of avoiding labeling and the principle of equality before the law. In the current research, while addressing the goals of social responses to juvenile delinquency, the types of responses available in Iran's legal system are examined and introduced. Then, the challenges of these answers are explored from two theoretical and practical aspects.

Keywords: children and adolecents, delinquency, social responses, challenge