Another major obstacle to justice for children in Iran is access to legal aid. The Constitution of
Iran (Article 35) grants everyone the right to select a lawyer and states that if a person is unable to
do so, arrangements must be made to provide them with legal counsel.7 State funded legal aid is
available to persons who provide evidence that they do not have the financial means to secure legal
representation; however, there is no priority given to or special regime for applications submitted
on behalf of children.8
The new Code of Criminal Procedure (CCP) of 2015, established a new type of court - juvenile
court.9 Article 304 of the new CCP states that “All offences committed by children10 and
individuals who are under 18 solar years are investigated by the Court for Children and
Adolescents.” The juvenile courts are administered by a judge and two judicial advisors with
experience in psychology, criminology, social work or education.11 According to the Code of
Criminal Procedure, juvenile court judges should be married (preferably with children), have a
minimum of 5 years of judicial experience as judges, and have received training (although the type
of training is not specified).12
General criminal courts still preserve jurisdiction over “serious crimes", however.13 These crimes
include offences punishable by at least 10 years imprisonment or the death penalty.14 In such
cases, jurisdiction rests under the special juvenile branches of the relevant Provincial Criminal
Court, where proceedings are governed by the same juvenile justice regulations that are applied
to the Court for Children and Adolescents.15 According to the Code of Criminal Procedure, the
Court for Children and Adolescents does not have jurisdiction in cases where the accused person
has reached 18 years of age 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.16 17
7
Constitution of the Islamic Republic of Iran, art. 35, English translation, available at: https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf.
8
Family sponsorship law, Article 5
9
Code of Criminal Procedure, art. 294, available at: http://www.rooznamehrasmi.ir/Files/Laws/Ghanoon%2093.02.03. pdf.
10
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.
11
Code of Criminal Procedure. art. 298, available at: http://www.rooznamehrasmi.ir/Files/Laws/Ghanoon%2093.02.03.pdf
12
Code of Criminal Procedure. 409, available at: http://www.rooznamehrasmi.ir/Files/Laws/Ghanoon%2093.02.03.pdf.
13
Code of Criminal Procedure, Article 315.
14
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.
15
Code of Criminal Procedure, Article 315.
16
Code of Criminal Procedure, Note 2 to Article 304
17
See more : Iran Human Rights Documentation Center, https://iranhrdc.org/the-iranian-judiciary-a-complex-and-dysfunctionalsystem/#_Toc462333474
2