Permanent URI for this community
Browsing Pharmacy by Subject "Juvenile cases, Decree-Law No. 4 of 2016, Negative and non-custodial measures and Juvenile Courts"
Now showing 1 - 1 of 1
Results Per Page
- ItemMEASURES OF JUVENILES AND THE MECHANISM OF IMPLEMENTING THEM IN THE PALESTINIAN LAW(جامعة النجاح الوطنية, 2022-03-13) Ibrahim, MohammadBackground: There is an urgent need to understand the measures related to juveniles and the mechanism for implementation through researching these measures, especially after the issuance of the decision by Law No. 4 of 2016 regarding juvenile trial, which starts new stage in the development of Palestinian courts about the punitive measures imposed on juveniles in order to achieve the interest best event Purpose: The purpose of this research is to shed light on the measures stipulated in Decree-Law No. 4 of 2016 related to juveniles by examining the measures and their compatibility with the Palestinian reality, familiarity with the measures and the ability to differentiate between freedom- and non-custodial measures under the age of fifteen, as well as the measures relating to juveniles depriving of liberty issued over the age of fifteen, and to find out the mechanism for implementing judicial rulings issued by the competent courts regarding juveniles and the mechanism for monitoring implementation these measures in order to achieve the best interest of the juvenile. Method: The legal framework is determined in Decree-Law No. (4) of 2016, an analytical study of the texts of articles from Article 36-49 of Decree-Law No. 4 of 2016, Criminal Procedures Law No. (3) of 2001 in force in Palestine and Jordanian Penal Code No. 16 of 1960 The Jordanian Juvenile Reform Law of 1954 and Child Law No. 7 of 2004. Results: After the application of the decision by Law No. 4 of 2016, the decision by law under this study clarified how to implement the measure of the social control order in some detail, leaving the matter to the discretion of the Child Protection Guide and others who implement the measures related to juveniles. Likewise, the juvenile judge is not considered a full-time judge in cases involving juveniles, but rather he is a delegated judge who adjudicates juvenile cases and other cases that fall within the scope of his work and his jurisdiction, both criminally and civilly. Conclusion: Emphasis on the need to review the provisions of the decree-law as soon as possible, given the failure to achieve its main objective, which is to achieve the best interest of the juvenile, and to establish more vocational training centers and social welfare homes to distribute them in the Palestinian governorates in order to deposit juveniles sentenced to a measure due to the lack of A large number of such centers.