فصلنامه اندیشمندان حقوق
پیاپی 8 (بهار 1395)

The most important developments in juvenile trial in new Criminal Procedure Code 1392 are: establishment of special juvenile court¡ establishment of specific court of children¡ establishment of juvenile police and using woman police in investigating children¡ specialty of judges in juvenile court¡ necessity of counselor presence in trial sessions¡ and necessity of forming personality case. The Code has somehow resolved the problems relating to juveniles trial and has somehow compliance with international rules and laws. Juveniles’ trial system in Criminal Procedure Code is completely judicial and it has not used changing of trial path in favor of juveniles. There are also challenges such as definition and reviewing of laws and rules¡ lack of legal factors in legislations¡ ambiguousness and lack of transparency of some articles¡ and dispute of some articles with each other.

One of the important problems of humanity is human trafficking and smuggling¡ which has taken an extensive dimension and every year a large number of people have become victim of this heinous trade. In this regard Iran has also not been immune from this phenomenon; particularly that Iran is a transit point for human smuggling. In Germany also the statistics for human smuggling and trafficking has gone up considerably due to developments in former Eastern bloc and the unrest in the Middle East and North Africa. The purpose of the present article is to compare the laws in Iran and Germany for combating the crime of human smuggling and trafficking. Human smuggling is a profitable trade; therefore for fighting against it¡ besides existence of strong criminal law¡ there should also be special measures for eradicating the factors that prepare the ground for this crime¡ so that human dignity is preserved. In spite of the existence of law in the European Union which binds Germany to fight human smuggling and the laws in Islamic Republic of Iran¡ there still is some inefficiency in fight against this phenomenon¡ which by full implementation of the existing law and joining international conventions like Palermo and the annexed protocols¡ a better result can be achieved in fight against human smuggling and trafficking.