Concluding observations Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
92(b)
Full recommendation:
Expeditiously implement the establishment of specialized juvenile courts and procedures with
adequate human, technical and financial resources for all cases involving children, including
those charged with the most serious crimes, designate specialized judges for children and ensure
that such specialized judges receive appropriate education and training.
Assessment using Impact Iran human rights indicators1
The revised Code of Criminal Procedure (CCP), which came into force in 2015, establishes a
new type of court - juvenile court. Article 304 of the new CCP states that “All offences
committed by children2 and individuals who are under 18 solar years are investigated by the
Court for Children and Adolescents.” However, the jurisdiction of such courts does not apply to
crimes committed by individuals under 18 years old which, when committed by adults, fall under
the jurisdiction of Provincial Criminal Courts.3 These crimes include offences punishable by the
death penalty.4 In such cases, jurisdiction rests under the special juvenile branches of the relevant
Provincial Criminal Court, where proceedings shall be governed by the same juvenile justice
regulations as applied to the Court for Children and Adolescents.5 According to the Code of
Criminal Procedure, the Court for Children and Adolescents does not have jurisdiction for cases
where the accused person has reached 18 years old before the start of the proceedings, in which
case jurisdiction falls under the relevant adult criminal court. The accused person shall enjoy all
the privileges applicable to individuals who are tried by the Court for Children and Adolescents.6
7
The Committee on the rights of the Child explicitly stipulated that the “child justice system
should apply to all children above the age of criminal responsibility but below the age of 18
1
CCPR.37.4.S.2
CCPR.37.4.P.2
CCPR.37.4.O.2
2
Under Note 1 to Article 304 of the new Code of Criminal Procedure, a child is an individual who has not reached the age of
puberty as defined in Iran under Shari’a as nine lunar years for girls and 15 lunar years for boys.
3
Code of Criminal Procedure, Article 315.
4
Crimes which fall under the jurisdiction of the Provincial Criminal Courts include crimes punishable by life imprisonment or
amputation; crimes involving forms of physical assault which are punishable by payment of half or more of a full diya (blood
money); and certain ta’zir crimes; political and press crimes which fall under the jurisdiction of Criminal Courts One (Article
302); national security-related offences; moharebeh (enmity against God); efsad-e fel-arz (corruption on earth); insulting the
founder of the Islamic Republic of Iran and the Supreme Leader; and drug-related offences which fall under the jurisdiction of
Revolutionary Courts.
5
Code of Criminal Procedure, Article 315.
6
Code of Criminal Procedure, Note 2 to Article 304
7
See more : Iran Human Rights Documentation Center, https://iranhrdc.org/the-iranian-judiciary-a-complex-and-dysfunctionalsystem/#_Toc462333474
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