نوع مقاله : پژوهشی
1 قاضی دادگستری، دانشجوی دکتری حقوق کیفری و جرمشناسی، دانشگاه آزاد اسلامی (واحد ساری)، ساری، ایران
2 استادیار گروه حقوق جزا و جرمشناسی، دانشکدۀ علوم انسانی، دانشگاه آزاد اسلامی (واحد قائمشهر)، قائمشهر، ایران
عنوان مقاله [English]
The Code of Criminal Procedure adopted in 1392 with subsequent amendments and additions, except for crimes under the jurisdiction of the Judicial Organization of the Armed Forces, preliminary investigation of crimes of persons under 15 years of age under the jurisdiction of juvenile court and preliminary investigation of crimes of persons aged 15 to 18 years Shamsi, with the exception of crimes against chastity, has considered the 7th and 8th degree ta'zir crimes under the jurisdiction of a branch of the city's Public and Revolutionary Prosecutor's Office as the Special Juvenile Court. However, according to Article 315 of this law, crimes subject to the jurisdiction of the First Criminal Court, as well as the Revolution, in cases that are tried by multiple judges, if committed by adults under the age of 18, a special juvenile criminal court will try them. شد. However, this law is ambiguous in terms of competent authorities for conducting preliminary investigations and prosecuting crimes under Article 302 committed by minors and adults under 15 years of age. The authors, in this article, based on the legal standards and general principles of criminal law, come to this conclusion. It was concluded that in the case of persons under the age of fifteen, if the person is a minor, the preliminary investigation and trial of public crimes or revolution covered by Article 302 of this law will be carried out by the juvenile court, but if the perpetrator is under the age of 15, the reference Preliminary investigation and trial, the criminal court is a special case for juvenile delinquency.