نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه حقوق کیفری و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه فردوسی مشهد، ایران، مشهد
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Penal policy towards children and adolescents in Iran and Oman is a lenient and mitigated policy. However, there are many differences in terms of the type, amount and quality of the reaction against juveniles’ offences in Iranian and Omani law. In Iran, the reaction against children and adolescents’ offences is based on the "type of offence" component (requiring Had, retribution and blood money or whether the offence is subject to Ta'zir) and in Ta'zirat is based on the "age category of the perpetrator" (9 to 12, 12 to 15, and 15 to 18 years), but, in Oman, the reaction against children and adolescents is divided into two categories: supervisory and correctional, and the supervisory reactions are for offenders in the age group of 9 to 16, as well as children at risk, and the correctional reaction is for offenders 16 to 18 years old. The question is which of the two laws of Iran and Oman is more effective in dealing with children and adolescents? In this article, using a descriptive-analytical method and library sources, including laws, books, articles and judicial opinions, "the reflections of lenient penal policy" and "the challenges of lenient penal policy" are examined, and by criticizing the legislative approaches of Iran and Oman regarding children and adolescents, the hypothesis has been strengthened that the Iranian legislator has not succeeded in creating a balance in the two realms of minors-delinquent and minors-victim, and Omani legislator have failed to provide appropriate and fair solutions to deal with this category of delinquents.
کلیدواژهها [English]
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