عناصر مشابهة
الإجراءات الخاصة لمحاكمة الأحداث الجانحين في القانون الجنائي اليمني
| المصدر: | مجلة النوع الاجتماعى والتنمية |
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| الناشر: |
جامعة عدن - مركز المرأة للبحوث والتدريب
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| المؤلف الرئيسي: | |
| المجلد/العدد: | ع6 |
| محكمة: | نعم |
| الدولة: | اليمن |
| التاريخ الميلادي: | 2013 |
| الصفحات: | 273 - 309 |
| ISSN: | 2078-8045 |
| رقم MD: | 856837 |
| نوع المحتوى: | بحوث ومقالات |
| اللغة: | Arabic |
| قواعد المعلومات: | EduSearch |
| مواضيع: | |
| رابط المحتوى: |
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| المستخلص: | First Results: We came at the end of our research on the juveniles to several results including that the juvenile is a little child who has not attained maturity. But the Yemeni legislator contradicted in the determination of the maximum age of juvenile when maturity is late. He made maximum age of juvenile in the criminal law and punishments and rights of children law that a person must reach eighteen years of age, and made in juvenile welfare law fifteen years of age. This contradiction must eliminated and one single age standard must enacted in the Yemeni laws. We found that the Yemeni legislator had founded special court for the juvenile to look at juvenile delinquency. This assists in caring for children and issuing appropriate punishments to reform them and rehabilitate them. Trial of juveniles does not aim at enforcing punishments on juveniles but to reform them and eradicate delinquency elements which led him to contravene the provisions of the law. Therefore, the court is made to be made up of one judge and specialist experts, one of them at least a woman. As for procedures of looking at suing the juveniles the Yemeni legislator used special measures for the juveniles to agree with their age. The purpose for which juvenile courts were formed and made procedures of the case secret in the court, and guaranteed for them the right to defend themselves before the court and restricted the issue of ruling against the juvenile except after checking them socially and medically, so that the punishment is issued to cope with his reform and rehabilitation. The Yemeni legislator also allowed juveniles or their representatives to dispute the sentences if they are defective so that they can be reformed and amended according to the provisions of the law in force. Second: Recommendations: 1. We recommend amendment of the article (2) of the juvenile care law concerning the maximum age of the juvenile to go in harmony with the modern criminal policy of dealing with juveniles, so that the maximum age of' juvenile is to be 18 years. 2. To qualify and train the judges who are specialized in juveniles and get them involved in straining related to psychological and social aspects of the delinquent juveniles in order to qualify to deal with the juveniles. 3. The juvenile laws must provided for special Rules for final investigation of the juveniles like calling the juvenile, and kinds of questions which are put to them and how to investigate them and make them profess, and methods of treating them at this stage taking into consideration their age, and his psychological and social circumstances. 4. It is necessary to provide for specializing reformatory and qualifying institutions for the juveniles they must be quite independent from the adults penal institutions. |
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