دور الوساطة الجزائية في حماية الطفل الجانح

Abstract EN

The rule is that the child perpetrator of the crime is punished with the penalty provided by law, but after the evolution of the concept of crime and punishment and the shift from the idea of deterrence and orientation to reform, the education and discipline, the monitoring of the offender in general and the child in particular has known certain aspects of privacy through the adoption of principles adopted by the legislator under the provisions of the law on the protection of the child and the code of criminal procedure and the laws supplementing it aims to achieve a balance between the right of society to punish the child offender on the one hand and the obligation to protect him and keep him away from the atmosphere of justice on the other hand.

mediation is one of the mechanisms created by law with the aim of protecting the child offender and keeping him out of the conditions of criminal prosecution and its aftermath, and considering that this requires a full will free to enter into the agreement and implement the agreed obligations, it would have been appropriate for the legislator to subject it to specific provisions compatible with the child's situation and condition.