Document Type : scientific research paper
Authors
1
Master of Criminal Law for Children and Adolescents, Department of Criminal Law and Criminology, University of Tehran, Tehran, Iran
2
Associate Professor of Criminal Law & Criminology, Faculty of Administrative Sciences & Economy, University of Isfahan, Isfahan, Iran
3
Holder of PhD in Criminal Law and Criminology, Department of Criminal Law and Criminology, Edalat University, Tehran, Iran
Abstract
Juvenile criminal law is one of the important, significant, and, of course, developing branches of criminal law. In general, the general and main basis accepted in the modern literature of juvenile criminal law is that it is protection-oriented, meaning that attitudes and patterns that support the interests and concerns of children and adolescents prevail. One of the most important discursive developments in theories, approaches, and models regarding criminal protection of children and adolescents in the field of juvenile criminal law is the need for differential criminalization of risky omissions committed against them. This type of criminalization, in the modern perspective of some countries, is evident and has different characteristics, foundations, and functions from ordinary criminalization which, from the perspective of comparative study, paying attention to them is not only necessary but also beneficial for the advancement of the domestic legal system. The reason for the increased attention to criminalization of this type of omissions is that risky omissions leave many of the needs of children and adolescents unanswered, places them in extremely harmful situations, and causes sometimes irreparable damage to their growth and development in various dimensions of existence, including physical, psychological, emotional, dignity, sexual, and gender. In this paper, an attempt has been made, while examining the nature of the differential criminalization of risky omissions towards children and adolescents, an adolescent to consider the new approaches that have emerged in this filed. The result is that the differential criminalization of risky omissions towards children and adolescents achieves more complete criminal protection of the rights, interests, and benefits of children and adolescents. In this regard, the Law on the Protection of Children and Adolescents, passed in 2010, has attempted to criminalize some of the most important risky omissions towards children and adolescents. However, at the same time, significant shortcomings are evident in the approach of this Law, especially disregard for the emotional abuse of actual omissions towards children and adolescents, as well as omissions based on negligence and carelessness regarding the manner and extent of their access to cyberspace.
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