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Procedural provisions for juvenile delinquents during the preliminary investigation stage | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 5, Volume 16, Issue: 1, March 2026, Pages 105-141 PDF (906.67 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.155808.1414 | ||
| Authors | ||
| Hezha Hewa Taher Maroof* 1; Shwan Omer khder2 | ||
| 1Koya University - Faculty of Humanities and Social Sciences - Department of Law | ||
| 2Koya University/Faculty of Humanities and Social Sciences/Department of Law | ||
| Abstract | ||
| Juvenile delinquents are considered individuals who have not reached the age of majority, which requires special legal protection for them. The study of procedural provisions relating to juveniles aims to ensure that they are treated fairly, as they should not be subject to the criminal provisions applicable to adults. The procedures followed in their regard should be flexible and compassionate, in line with the nature of their age and their special circumstances. In addition, the study aims to identify the concept of preliminary investigation and its importance in juvenile cases, and to identify those who carry it out, and to identify the most important procedures taken against the juvenile delinquent. The Juvenile Care Law did not provide an integrated system of investigative procedures necessary to investigate juvenile cases, and despite the text of Article (108) of the Iraqi Juvenile Care Law on the application of the provisions of the Code of Criminal Procedure in matters not provided for in the Juvenile Care Law, this study relies on the analytical approach by studying and analyzing the provisions of the Juvenile Care Law No. (76) of 1983, with reference to legal references, opinions of jurists and judicial decisions related to the procedures followed in the preliminary investigation, with the aim of removing the ambiguity surrounding some provisions | ||
| Keywords | ||
| procedural provisions; juvenile delinquent; preliminary investigation | ||
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