Regional Guidelines

Approval of Directives on How to Ensure the Intellectual Development and Perfection of Mature Individuals Less than 18 Years of Age in Crimes Subject to Hadd or Qisas (retribution)

The Islamic Penal Law approved in 2012 has introduced important changes in dealing with crimes committed by people less than 18 years of age, the most important of which is the amendment of Article 91 of this law. In an innovative measure, this article, in addition to the age of majority, also paid attention to age of intellectual (reason) development of the accused, stipulating that “In the case of commission of crimes punishable by Hadd or Qisas (retribution), when adults under eighteen years of age can not appreciate the nature of the crime committed or its legal prohibition, or their intellectual development and maturity are found to be questionable, the punishments provided in this law would be prescribed in view of the age of the perpetrators and the particulars of the case. To determine the development and perfection of reason in an individual, the court may ask for the opinion of a medical doctor or employ any other method it deems appropriate.”

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2023

Guidelines for Juvenile Justice in Iraq: For Judges and Prosecutors

Guidelines for Juvenile Justice in Iraq: For Judges and Prosecutors

This guidebook aims to provide instructions and practical guidance for the judges and prosecutors working in juvenile justice in Iraq. This is to ensure the proper application of relevant legislations and regulations, and to respect the international standards for juveniles and children. It particularly aims to protect the best interests of juveniles and to extend the application of alternative penalties whenever possible, especially in cases where judges have the discretionary powers to expand the application of the legal text, considering the particular circumstances of each case.

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2018

The African Charter on the Rights and Welfare of the Child

The African Charter on the Rights and Welfare of the Child (ACRWC) was initially adopted in 1990 by the OAU, now the African Union (AU). The Charter sets a series of human rights agreements designed for the Pan-African social-legal context, as well as creating a board of experts to specifically address the implementation problems faced within AU member states.

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2018
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