Jurisdiction of Peace Courts in Adjudicating Crimes Committed by Children and Adolescents

Abstract

This study explores the jurisdictional framework governing the adjudication of criminal offenses committed by children and adolescents within the legal system of Iran, with a particular focus on the potential overlap between Peace Courts and Juvenile Courts. Recognizing children and adolescents as the most vulnerable demographic group, the research emphasizes the necessity of specialized and protective judicial processes to safeguard their rights, ensure fair treatment, and support their rehabilitation and reintegration into society. Using a descriptive–analytical approach, the study reviews statutory provisions, including the Criminal Procedure Code and the Islamic Penal Code, along with current judicial practices and interpretations, to evaluate the scope and limits of Peace Courts’ jurisdiction in cases involving minors. The findings indicate that, under Article 304 of the Criminal Procedure Code, Juvenile Courts are expressly designated as the exclusive forums for adjudicating all offenses committed by individuals under eighteen years of age, regardless of the severity or nature of the offense. Jurisdiction is determined based on the age of the offender at the time of the offense, not at the time of trial, which underscores the legislature’s protective and rehabilitative approach. Although Peace Courts are authorized to handle certain minor offenses, such as grade seven and eight taʿzīr crimes and some non-intentional offenses under the Law on Dispute Resolution Councils, this authority applies only in jurisdictions where no Juvenile Court exists. Even then, such jurisdiction is exceptional and narrowly defined, while serious offenses must be referred to Juvenile Courts or Criminal Court One (Juvenile Division). In conclusion, the study argues that strengthening the exclusive jurisdiction of Juvenile Courts, supported by specialized judges and child-sensitive procedures, is essential to ensuring restorative and rehabilitative justice for children and adolescents and achieving alignment with international standards of juvenile justice.