فصلنامه خانواده پژوهی
پیاپی 18 (تابستان 1388)

Since 1915 differential trial in proceeding for children who are facing juristic system was legislated, however went through a number of changes and fluctuation in proceedings, till 5 years ago that a legislation submitted to the parliament in order to promote proceedings and minimize inappropriate consequences. The recent legislation while pushes for modifications in children criminal law, attempts to establish required legal structure, such as mediator, professional consultation, public prosecutor’s court compulsory lawes, the possibility for guardians and parents to get involved, lawes, faciliting more suspension writ for onion offenees, exempt from minor changes and taking more presentational strategy, posponding sentene declaration, social working, special police force etc. Howevery in some aspects there are problems which has tobe taken in considesation including lack of attention to decriminalization, conflicts with international conventions, and ambiguity in the definition of puberty. It seems that the legislation needs to include necessary actions to bring the child into social humanistic, ecological, and public beneft-based activites in order to achieve the goals of the legislation.

The modern trial system has utterly changed through passing classic learnings. In effect of explicatory intellectuals, the new system is trying to revive a kind of modern practical trial system in which both the committer of a crime is the pivot subject of theoretical and practical studies and the personality of the delinquentespecially juveniles- is tested by scientific methods. This intellectual transformation must be regarded as the result of humanist schools efforts to develop practical criminal policy based on fairness and human oriented approach. Thus, the necessity of making personality file in order to individualizing social reactions and determining a sanction appropriate to character of specified delinquents both have become the focus of research in criminal justice system and have made the legislators to incorporate the scientific test of delinquent’s character as a legal obligation in trial rules, and to explain it’s results in delinquents criminal life. While Iran’s juvenile trial system is under another test, this research studies legal situation of personality file in Iran’s juvenile judicial system by focusing on the new suggested bill of proceeding juvenile delinquency and its positive and negative points. Some highlights of this research are as follows:1. It is essential and inevitable to recognize the character of juvenile delinquents with the aim of individualizing social reactions. 2. Forming personality file must be conversed into a legal obligation with a strong sanction. 3. Practical criminal policy should be the substitution of Theoretical and subjective criminal policy. 4. Iran’s trial system does not recognize the forming personality file in its scientific concept and is far away from the ideal situation. 5. The new proposal bill lacks cohesion and clearness in this way; although it has done an indirect reference to the necessity of forming personality file.

In draft of juvenile criminal justice and in ordered to apply child-centered interpretation, legislative avoids to foresee some aggravated circumstances which are usual in adult criminal justice and we can also see many flexibilities in aforesaid draft to avoid labeling procedure on children and young adolescents but for some inadequacies this may not reach to all its aimed goals. At the other side there are some mitigating circumstances in favor of children and young adolescents. but like aggravated circumstances we can see some weak points in it as lack of authority to change penalties and less attention to legal mitigating circumstances which make compulsory to review the draft.

Rehabilitation offenders is the basis purposes of Juvenile criminal justice system, todays. However, Policymakers use of different rehabilitatory tools especially juvenile delinquency personality case in stages of criminal process for available this purpose. This case to entered in Juvenile criminal prosecution jurisdiction as the clinical criminology and however to be made available causes interaction between this two stream? This article is to study juvenile deliquency personality case in executive and judicial Stages of criminal process and international and national criminal policy by emphasizing judicial bill of to investigate juvenile delinquency.

It is obvious that the bill is centered around elimination of juricidical responses and rehabilitative and heeling measures .Based on this mentality the responsive reactions are formed as follow: measures for freeing the children from juridary process, rehabilitative and heeling approaches, limited responses. In each of these measures there are some potentialities for occurring undesired problems in addition to the desired results. There has been proposed no cautionary measure to control these problems. Given this situation, it is necessary to bring about some changes and in this way reduce the probability of committing crimes. In this regard changing the essential mentality is of great importance.

"Juveniles with having sensitive qualifications of the physical and emotional growth and necessity of differential treatment to them, in case of committing crime or dilquency in one side and destructive effects and dameges of enterance in adult criminal procedure on the other side, has been caused that criminal justice authorities make important dicision and with taking different metheds try to rehabilitate juveniles and prevent them to recommitt crimes and with providing differential criminal procedure take step to socialize juvenile. International human rights documents and the united nation's guidances has undeniable role in accepting this approach. Juvenile procedure draft which has been provided by judiciary power under section 2 of article 158 of constitution, and after ratifying by government is unedr review in legal and judicial commission of Islamic Consultative now, could be assumed as an effoert of islamic republic of Iran in coincidence with international undertakings which arises of acception and ratification of universal convention on the Rights of the Child (1994). in this article, at first, the priciple, Goals and obligations of special juvanile procedure will survey and then the juvenile procedure draft will survey in viewpoint of international documents on the right of the child."