نوع مقاله : مقاله علمی - پژوهشی
نویسندگان
1 داشگاه تهران،دانشکده حقوق وعلوم سیاسی.
2 گروه حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Family, as the first society in which a person faces from the beginning of his life, has a fundamental role in the formation of people's behavior and personality. This important principle, which has also been proven in psychology, caused the role of the family in children's delinquency to be noticed by many legal systems. As a result, the mentioned institution plays an important role and may be said one of the main actors in the process of legal procedure and sentencing. However, this issue has not been seriously considered in Iranian criminal law which the target of punishment and reaction is still delinquent juveniles and the family is considered as a "secondary actor" and is placed on the sidelines. This article has a comparative approach and seeks to compare the Iranian and Scottish juvenile justice systems in this field. The reason for selecting Scottish system is that it has a similar model of juvenile justice to Iran in the field of responding to juvenile delinquency. Therefore, the article scrutinizes these two legal systems and clarifies the role of the family in responding to delinquent children and the type of responsibility of this institution, based on the models of juvenile justice. It finally concludes that the lack of some decisions such as "parenting contracts" and "parenting orders" used in Scotland, which are addressed to parents and guardians of children, has been felt in Iranian criminal law and the Iranian legal system has the potentiality to accept such items according to its principles.
کلیدواژهها [English]
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