Document Type : Scientific
Authors
1
Associate Prof, Department of Criminal Law and Criminology, Faculty of law, Farabi Campus, University of Tehran, Qom, Iran. mjfathi@ut.ac.ir
2
Ph.D. Student in Criminal Law & Criminology Department of Criminal Law and Criminology, Faculty of law, Farabi Campus, University of Tehran, Qom, Iran (Corresponding Author): mehrdad.movahedi@ut.ac.ir
3
PhD. Student in Criminal Law & Criminology Department of Criminal Law and Criminology, Faculty of law, University of Judicial Sciences and Administrative Services, Tehran ,Iran, vahiddadgostar1367@gmail.com
Abstract
Following the entry into force of the 2013 Code of Criminal Procedure, the multiplicity and lack of coherence of the statutory provisions concerning the jurisdiction of the Juvenile Court have given rise to doubts regarding the nature of its inherent jurisdiction. On the one hand, certain provisions expressly characterize the Juvenile Court as a special-exclusive court, enacted in line with fair trial standards and principles. On the other hand, some provisions of the same Code suggest that these courts are merely specialized forums and treat them as branches of the Criminal Court of Grade Two. Divergent views among legal scholars and inconsistent judicial decisions on this issue are likewise evident, creating uncertainty as to the competent authority for resolving jurisdictional disputes. This situation has also left the solution to this important matter—one governed by mandatory rules—to the discretion of judges. This article seeks to identify the prevailing judicial practice through an examination of approximately fifty cases from the courts of Isfahan Province, including decisions rendered by the Juvenile Court, Criminal Court Two, the Provincial Court of Appeal, and the Supreme Court. Its principal aim is to determine whether the Juvenile Court is an exclusive court possessing an inherent jurisdiction that is distinct from and independent of the Criminal Court Two, or whether it is merely a branch of the latter that adjudicates juvenile cases on a specialized basis. The manner in which jurisdictional conflicts concerning such cases are resolved in judicial practice is also addressed. The findings indicate that, vis-à-vis the Revolutionary Courts, Military Courts, Criminal Court One, Criminal Court One Special for Juvenile Offences, and Criminal Court Two, the Juvenile Court constitutes an exclusive forum. Accordingly, any jurisdictional dispute between the Juvenile Court and the aforementioned courts falls within the exclusive competence of the Supreme Court.
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