The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Evaluating the function of juvenile courts in the light of restorative justice

Document Type : Research/Original/Regular Article

Authors
1 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran
2 PhD in Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
Abstract
Restorative justice is considered a to be a powerful trend that is expanding in the field of juveniles criminal justice. In recent years the restoration has developed in various form such as general restorative mechanisms including mediation and special restorative mechanisms such as restorative panels and teen courts. In the Iranian criminal justice system, due to legal limitations, juvenile and child courts practically attempt to reconciliate between offenders and victims. In such circumstances, how these courts function and comply with restorative principles are of fundamental importance for the future of restorative justice. For this reason, the present study examined the reconciliation process in these courts using the non-participatory observation method of 25 hearing sessions in juvenile and child courts. According to the findings of the research, the tendency to establish reconciliation in a wide range of crimes such as insults, threats, violent crimes, financial crimes, etc. among judges, victims, and offenders suggests the restorative model as a possible response to juvenile delinquency. On the other hand, despite the fact that the presence of the families of offenders and victims makes it easier to achieve restorative results, reconciliation between the victim and offender may be reduced to reconciliation at the family level due to the absence of the offender or victim or their passive participation. On the other hand, excessive emphasis on monetary compensation in juvenile and child courts and the obligation of parents to pay in place of offenders may lead to a decrease in their level of responsibility.
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Volume 31, Issue 113
Winter 2026
Pages 149-166

  • Receive Date 26 November 2024
  • Revise Date 31 January 2026
  • Accept Date 02 December 2025