نوع مقاله : پژوهشی
1 استادیار گروه حقوق، دانشکدۀ علوم انسانی، دانشگاه بوعلی سینا، همدان، ایران
2 دانشجوی کارشناسی ارشد حقوق کیفری اطفال و نوجوانان، دانشکدۀ حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
عنوان مقاله [English]
Achievements of different knowledge such as criminology and penology and also the use of answering experiences to criminals, show that equivalent giving response and answering to crimes perpetrators, were inefficient and that lead to stabilizing crimes of the juvenile offender. In the meantime, documents and international regulations of human rights also with an emphasis on different components are still in search of blockage of the cycle of becoming a habit of delinquent of this category of citizens. The best interests of a juvenile offender, that as a strategic and fundamental principle was important for system of the criminal policy of united nations, and considered as an index so that internal criminal policymakers of countries by that can make a decision about choosing methods for removal and stop of the relationship of children and teens with a criminal process forever and can be provided as a goal. By these changes in 2013 and following paragraph 1 of article 3 of the convention on the rights of the children, the criminal justice system of Iran tried to respect this principle and, in the light of readings of it, select a cohesive policy and that to what extent it was successful, is a subject that this writing will consider it. Because it seems that on one hand legislator had tried to respect the bests interests of juvenile in punishable crimes and on the other hand, try to respect laws (limits and retaliation) that in this way had faced significant duality.