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ضمانات الحدث في الدعوى الجزائية: دراسة مقارنة

العنوان بلغة أخرى: The Warranties of the Juvenile in the Criminal Action: A Comparative Study
المؤلف الرئيسي: الحميداوي، غسان عبدالسادة حسن (مؤلف)
مؤلفين آخرين: عودة، عقيل عزيز (مشرف)
التاريخ الميلادي: 2016
موقع: الناصرية
التاريخ الهجري: 1437
الصفحات: 1 - 246
رقم MD: 881397
نوع المحتوى: رسائل جامعية
اللغة: العربية
الدرجة العلمية: رسالة ماجستير
الجامعة: جامعة ذي قار
الكلية: كلية القانون
الدولة: العراق
قواعد المعلومات: Dissertations
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المستخلص: This study sheds the light on the most important warranties that should be granted to the juvenile committing a crime when is questioned by the law according to the international conventions from the principles and the bases that should be taken into consideration during action. These principles are concerned in giving a portion of juveniles a special care during the stages of penal action. The penal portion is given to the delinquent juveniles is acquired a great care for being related to an accused who did not reach the age that makes him pose a danger. They are usually victims of circumstances and personal factors as well as the environment and weakness or to the incomplete psychological or physical structure. Therefore, the special procedures of trail of the juvenile on the basis on base that is different from these of the adults’ trail. Then, the penal procedures represent exception from the general rule of the penal procedures. He study shows the attitude legislations from special international trails of juvenile action. The study concludes that among the most important warrantees of the juvenile in the advanced stage of the trail is the existence of the investigation or inspection bodies that are concerned in dealing with the juveniles as well as making personal studies. The arrest of juveniles should be an exceptional procedure for the shortest duration possible. It should be held in places concerned with the juveniles care and rehabilitation. In addition to that, there are special warrantees the juveniles such as the warrantee of the juveniles’ right to his parent’s presence, to appoint an attorney, assuming his innocence and respecting his privacy. The study also concludes the necessity that the juveniles tribunals should be formed mutually combining the legal and the sociological members. The most important warrantees that the juveniles should have in trail is the secrecy of the procedures, and the conduction of organic, psychological and sociological examination of the juveniles before the trial, in addition to other warrantees related to the ensuring his right in defending himself and applying the system of stay of execution and the simplification of procedures of trail as well as not permitting to execute him. For the most important warrantees of the subsequent stage of the juveniles’ trial we conclude in the study is the judicial supervision over the execution of the procedures issued against the juveniles and the necessity of executing the procedures of imprisonment in juvenile-concerned institutions in which they are rehabilitated according to scientific programs, in addition to the importance of applying the system of conditional release of juveniles by the freedom-depriving procedures for the positive results that resulted from applying the system. In addition to the above, there are important warrantees that are related to the subsequent care programs which the juveniles should be subjected to as a complementary treatment of the rehabilitating institution.