The new approach to juvenile delinquency has had a significant impact on the birth and development of juvenile and juvenile criminal law in the last century. This, together with the special circumstances of these individuals, has led to a differential approach in dealing with juvenile and juvenile delinquents in criminal law. This differential approach has manifested itself by creating special provisions for juvenile and juvenile delinquents and prohibiting the application of some other provisions, such as prohibiting the application of repetition or interpretation provisions in line with the best interests of the child.
However, it is possible to refer to general regulations, subject to their applicability to children and adolescents, in compliance with the best interests, in the absence of specific regulations. Monitoring under electronic systems is among the cases that have been provided for children in various systems, including the United States and the United Kingdom.
However, Iranian penal law is silent regarding its specific application to children and adolescents, and its application to this group is subject to challenges such as determining the scope of the application, the possibility of applying it to a correctional center, the possibility of applying it to those convicted of a “Hadd” under Article 91 of the Islamic Penal Code, and the possibility of using this institution to issue a criminal security order for adolescents.
After scrutinizing these cases in a descriptive-analytical and library manner, the present article has finally concluded that, considering the principle of respecting the best interests of the child, it is possible to implement monitoring under an electronic system as a method of imposing punishment or in the capacity of issuing a security order.