The Order of Processing Children’s Crimes
Article 219 - In every District Court, and if required, one or more branches of public courts are assigned to process all children’s crimes.
Note 1- The term “child” refers to a person who has not reached religious maturity.
Note 2- When there is no court assigned for children in a District, the public court is responsible to process children’s crimes according to the rules stipulated in this part.
Article 220 – While processing children’s crimes, the court is bound to inform the parents or legal guardians that the child has to report to the court in person or hire an attorney for him or her. If the parents or legal guardians of the child neither appear in court nor hire an attorney, the court will assign a public defender for the child.
Note – All crimes committed by people younger than 18 years old are also processed in the children’s court, according to the general rules.
Article 221 – In children’s crimes cases, the initial processes such as the pursuit of the case and investigation will be conducted by the judge or the examining magistrate upon the request of the judge, while observing the contents of the note to Article 43. The court will perform all the actions which by law are the responsibilities of the judicial officers by itself.
Article 222 – When there is a need to investigate the mental condition of the child, his or her parents or legal guardians, or the family conditions and living atmosphere, the court can conduct the investigation by any means deemed appropriate and/or can call for a specialist’s opinion.
Article 223 – To perform the primary investigations and processes, the child will be summoned through his or her parents or legal guardians and in case of absence, the parents or guardians will be arrested according to the rules of this Code. This will not prevent the summons or arrest of the child by the court.
Article 224 – If there is no need to hold the child throughout the investigation; one of the following decisions will be made in order to maintain accessibility to the child and prevent him or her from escaping or hiding based on the type and importance of the crime, and its evidence according to the rules stipulated in Chapter One, Part Four, Topic Two of this code:
A- Requiring the parent or legal guardian of the child or any other person to present the child to the court when necessary. The credibility of the mentioned persons shall be established by defining a pledge.
B- The parent or legal guardian of the child or any other person makes a suitable (according to the court) assurance to release the child.
Note 1 – If it is deemed necessary to keep the child in order to process the investigation and prevent collusion due to the importance of the crime, or if the child does not have a parent or guardian, or the parent or guardian does not accept a recognizance or makes an assurance, and no other person would do it either, the accused child will be accommodated temporarily in a detention home.
Note 2 – If there is no detention home in the jurisdiction of that District Court, the court will decide where to accommodate the child.
Article 225 – Trying children’s cases are not done in open sessions, rather only the parents, legal guardians, attorneys, witnesses and those who have knowledge of the crime, as well as a representative from the detention home can be present if deemed necessary by the court. Publishing the trial through group media, filming, photography, as well as disclosing the identity and specification of the accused child is forbidden. The violator to this rule will be sentenced to the legal punishment stipulated in article (648) of the Islamic Penal Code.
Article 226 – In the interest of the child, some part of the process can be performed in the absence of the accused and regardless, the sentence of the court will be considered as if it were given in the child’s presence.
Article 227 – The court will process the petition of a private plaintiff according to the regulations, and will issue the sentence accordingly. There is no need for the child to be present at the trial.
Article 228 – If there has been one or more child that committed a crime with the assistance or partnership of others, the crimes that the children committed are processed in the children’s court.
Article 229 – Children’s Court can review its previously made decisions to decrease the duration of detention to one fourth based on the reports received from the detention home, which is based on the child’s condition and his or her manner and behavior.
Article 230 – The sentences issued by the Children’s Court can be appealed according to the law.
Article 231 – Assigning some branches of the public courts to children’s crimes does not prevent the referral of other cases.
