The Position of Clemency Institutions in the Adjudication of Children and Adolescents in Conflict with the Law, with Emphasis on Judicial Practice

Abstract

The punitive approach toward children and adolescents is one of the most fundamental issues in juvenile law. This has generated particular sensitivity among legal scholars regarding which types of responses are most effective, lead to greater rehabilitative potential, and assist minors in reintegrating into society. This heightened sensitivity is clearly reflected in the adoption of the Islamic Penal Code of 2013 and the incorporation of clemency institutions for this group of offenders. Despite the existence of statutory provisions concerning clemency institutions, there are still challenges and deficiencies in the related regulations as well as in judicial practice. In this study, to promote the use of clemency institutions in judicial practice—particularly concerning children and adolescents—incorrect existing practices will be identified, and the quality of current rulings in this field will be enhanced by analyzing relevant statutes and case law. The ultimate goal is to provide practical recommendations to increase both the quality and the quantity of judgments that contribute significantly to the reintegration of juvenile offenders into society. To achieve this, clemency institutions are examined from a legal perspective, and related judicial decisions concerning each of these institutions are collected. The shortcomings and deficiencies identified in these rulings are discussed in detail. These issues and barriers can be addressed by reforming certain provisions, removing specific legal limitations for children and adolescents, and establishing a unified and sound judicial practice across the courts with the help of the proposed solutions.