التدابير العقابية الخاصة بالأحداث وفقًا للتشريعات السارية بفلسطين
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Date
2023-11-25
Authors
مهدي نضال خالد ناجي
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Abstract
Abstract
The study aimed to identify the measures specific to each category of juveniles, and their legal nature in accordance with the legislation in force in Palestine, and also aimed to identify the goals that the legislator sought to achieve through the application of juvenile-specific measures, and the criteria for taking them in the framework of criminal proceedings, as well as revealing the implementation mechanisms of punitive measures, their field capacity and human documents, studies and research And the books related to this topic, as well as the analytical method through discussing the topic in a scientific manner and scientific evidence, and the most important results of the study were: It also showed that the Palestinian legislator has adopted a number of methods aimed at reforming and rehabilitating the juvenile delinquent, and the legislator also listed special rules for the protection of juveniles, such as rules related to arrest or pre-trial detention, in addition, it showed that there are weak material possibilities to provide special premises and buildings for their investigation, as well as the lack of a judicial by events only, as well as a small number Juvenile care and rehabilitation homes, and this was established by the decision of Law No. (4) of 2016 on the obstacles that prevent juveniles from enjoying the protection prescribed for them. In view of the results, the most important recommendations of the study were: The Palestinian legislator should amend the legal texts on juveniles and update them in line with the scientific developments set by most legislations and in line with the Palestinian situation, as well as recommended the need to work on the rehabilitation and reinstatement of a specialized cadre to deal with juvenile delinquents, from the police, the public prosecution and the judiciary in light of the provisions of the law, as well as the importance of holding special courses for juveniles to take into account the psychological state of the juvenile, and seeking to educate juveniles about the legal consequences that fall on them after committing such crimes, and also recommended the importance of assisting the judicial system of human rights institutions in playing their role by spreading awareness among all categories of community and people In addition, it recommended the need to provide actual government buildings in order to protect juveniles and create an appropriate environment for their condition.
Keywords: Punitive measures, juveniles, Palestinian legislation in force for juveniles.