Individualization in the Juvenile Criminal Process in the Light of Non-Binding UN Documents
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 1 (1400),
2 November 2021
,
Page 99-115
https://doi.org/10.22037/bioeth.v11i1.36080
Abstract
Background and Aim: The principle of individualization of punishments is considered as one of the basic principles of criminal law systems that are very closely related to fundamental human rights. The purpose of this study is to investigate the principle of individualization in relation to the criminal process related to children and adolescents.
Materials and Methods: This research is theoretical type; the research method is descriptive-analytical and the method of data collection is library, which was done by referring to documents, books and articles.
Ethical Considerations: In this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: The findings of the present study show that non-binding UN documents, due to their high flexibility and inspiration from international human rights norms and principles, are highly consistent with the structures and norms of domestic systems in terms of content.
Conclusion: Non-binding UN documents relating to children and adolescents in prison generally seek to prevent violations of the law by them. They also improve the treatment of children and adolescents accused or suspected of violating the law. Finally, by supporting children and adolescents deprived of their liberty, strengthening of the aggression and delinquency of them has been prevented, so that children can be reformed and return to their community and family.
Please cite this article as: Alizadeh F, Abbasi A, Esmaili M. Individualization in the Juvenile Criminal Process in the Light of Non-Binding UN Documents. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 99-115.
- The Principle of Individualization; Criminal Process; Juvenile; Soft Law
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References
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