Law 18 Of 1974 Juvenile Delinquents Act

Original Language Title: القانون 18 لعام 1974 قانون الأحداث الجانحين

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Law 18 of 1974 juvenile delinquents act index:

Section 1: definitions – articles 1 • chapter one: General provisions-articles 2-3 • chapter II reform measures-articles 4 – 25 • Chapter 3: care-articles 26-28 • Chapter IV special provisions of offences-articles 29-30 part II: origins of trial events • chapter: juvenile-articles 31-38 • chapter II due in juvenile-articles 39-55 • Chapter 3: assistance for juvenile courts-articles 56-57 • chapter IV Various provisions – articles 58 – 62 part I definitions

Article 1

The following expressions means a meaning to each side in the application of the provisions of this law: 1. event: any male or female under 18 years of age.

2. the Court: juvenile court composed in accordance with the provisions of this law.

3. probation: the employee that the Ministry of Social Affairs and labour cost control raising the event and provide guidance and instructions to him and to his upbringing.

4. status of observation: is juvenile Center who decides the judge suspended before the final judgment.

5. event reform Institute: educational institution dedicated to juveniles and their headquarters before the Court.

Chapter I General provisions

Article 2

Modified by Legislative Decree No 52 of 2003 an event can be prosecuted under seven years of age when the Act was committed.

Article 3

A-if the event that over 7 years unless any crime not only imposes correctional measures provided for in this law and may combine several corrective measures. Modified by Legislative Decree No 2003-52 in crimes committed by minors who have completed 15 years of age, the penalties provided for in this law.

Chapter II reform measures

Article 4

Reform measures are: a delivery into the custody of his parents or to one or the legal guardian. B deliver to a loved one. C-delivery to a licensed institution or association is valid to raise the event. D-put it in the center of the note. -Put it in a special juvenile reform Institute. -Booking in Maui precaution. G-free. H-block residence. I-prevent frequentation. -Prevention of doing work. K-care.

Article 5

For the Court to apply remedial measures which it considers would be reform event in light of the information available to it on the status of psychological and social event.

Article 6

For the Court to deliver the event to the parent or legal guardian to one or if including ethical safeguards and was able to raise as the Court or the probation officer.

Article 7

A-if the parents or legal guardian in the event of ethical safeguards or they couldn't do his upbringing, he handed to a loved one. B-the person who delivers the event mechanism undertakes to follow the Court's instructions and probation.

Article 8

A-if not among the event is worthy of his upbringing might put him in an institution or association is valid to raise the event. B-on probation to monitor juvenile and submit to him and to raise the necessary instructions.

Article 9

A-punishable by a fine of 100 to 500 SP and me event or person that delivered to him pursuant to the provisions of this law, if neglected his duties. B-this punishment Court directly without the need to claim the prosecution at the probation officer's report, and may not use the extenuating circumstances or interrupted.

Article 10

The Court could decide to arrest person event backed up no more than one month in the center of the Note If you find that the interest of the event.

Article 11

A-governed event by putting it in a juvenile reform Center for at least six months if the Court finds that the situation necessitates it. B-the Correctional Institute Director to report to the Court six months after placing the event in the Institute indicating the status of the event, and the report proposes an exemption from the rest of the duration or any other corrective measure it deems necessary. It must submit periodic reports to the Court every three months until his release. C-the Court alone provision exempting event of rest or switch to another reform measure measure. D-event mode measure expires in Correctional Institute to complete the event twenty-first year of his age.

Article 12

A-reform measures, excluding delivery to the legal guardian, the State stood on the event with inconsistent implementation of the measure imposed. B-a duty of care and education, on behalf of the juvenile court, the head of the family or Enterprise Manager or Director of the reform Institute event mode.

Supervises good exercise that duty probation officer if the event was not a subject in the Correctional Institute.

Article 13

The Court shall impose upon the person who owes child support and nurturing event expenses entailed by the reform measure if able to do so.

Article 14

The Court imposed a fine of (100-300) SP on the juvenile's guardian, if found that the juvenile's delinquency resulted from neglect.

Article 15

On the event imposed on one of the reform measures comply with all the provisions imposed by the Court, if a rebellion on something of which the Court may impose upon another reform measure consistent with his condition and his interest.

Article 16

A-each event imposed corrective measure and was in a State of mind or psychological or physical injury requiring medical treatment were treated by his condition. B-If the event delinquency resulting from mental illness in an appropriate sanatorium reserves until they are cured.

Article 17

For the Court to prevent the event in certain places, to be exceeded when judging the measure 15 years old.

Article 18

-Prevents the event from clubbing mufflers and gambler, if one imposes correctional measures breach contained in paras (a-b-c) of article 4 of this law. B-if committed an offence, because explored Megaupload or other public and private places, the Court may prohibit the event of clubbing in one of these places and everywhere else you see prevention of access thereto is useful to him.

Article 19

Freedom watch are monitoring the behavior of the event and work to fix it advises him and help him avoid bad behavior and facilitate with society.

Article 20

For the Court to prevent the event imposed on probation measure every place which believes clubbing danger to his conduct, and impose upon attendance at certain times to persons or bodies appointed by and always to tell some useful guidelines meetings or any other matter deemed necessary to fix it.

Article 21

A probation period of six months to three years. No event is complete turns 18 years of age without continuing to implement this measure in accordance with the provisions of this law.

Article 22

A probation officer shall all the tasks assigned to it under the provisions of the Act and the terms of reference specified by a decision of the Minister of Social Affairs and labour after taking the opinion of the Ministry of Justice. B-sworn probation, when appointed, right in front of the juvenile court to perform his official duties honestly and sincerely and wholeheartedly. And have him in the exercise of his functions as a judicial officer.

Article 23

A-on a probation report to juvenile court periodically in every month on the status of the event subject under control and his behaviour and the impact of surveillance on him.

It must be submitted to the Court a report on each case indicate misconduct event or find it useful to inform the Court. B-the observer may propose to the Court to take measures that impose finds useful for event.

Article 24

For the Court to end the State of probation after six months, based on a detailed report of probation or on request with the event and their commitment to do their duties towards him.

Article 25

Judgment dismissing contract and may not renew the request three months after its release.

Chapter III care

Article 26

A-entrust care reform institutions recognized by the State. B-the Institute provides care and measure imposed on education and vocational training and appropriate work and providing advice and guidance to begin his life or earn an honest way. C-the Institute to report to the Court on the status of the convicted person to arrange care in every three months and suggesting the release event. The Court alone shall have the right to report release event.

Article 27

For the Court to impose a measure of care on every event he found a homeless or begging no breadwinner and has no source of livelihood. B-in places or engages contrary to ethics and morals. In all cases the Court must impose this measure on each event saw his condition.

Article 28

If the event could not be imposed on a welfare measure of welfare institutions juvenile court to secure him a job at an agricultural or industrial or commercial occupations where its oversight of probation under the supervision of the Court and take what he wants from reform measures provided for in this law.

Chapter IV special provisions for felonies

Article 29

Impose on the juvenile offenders who complete fifteen the following penalties: (a) if the offence constitutes a felony penalty of imprisonment with compulsory labour for six to 12 years. B If the offence constitutes a felony punishable by hard labour for life or life imprisonment with compulsory labour for five to ten years. C-If the offence constitutes a felony punishable by hard labour or imprisonment with compulsory labour for one to five years.

The Court can also impose reform measures set forth in paragraphs (f-g-c-I-j-k) of article 4 of the law on juveniles one of the penalties provided above.

Article 30

Locked up events subject to the provisions of article 29 of this law in juvenile reform schools to allocate them a special wing.

The second door.

The first chapter of the juvenile courts

Article 31

A-tried before special courts called juvenile juvenile courts consists of: 1-full-time and part-time to hear criminal cases and cases where ordinary imprisonment of one year.

2. the Magistrates ' courts to consider as juvenile courts in other cases, misdemeanours and infractions. B-group and juvenile court time occurs by decree upon the proposal of the Minister of Justice at the center of each province where needed to create this Court whose jurisdiction includes loci administrative boundaries of the province. C Decree may make more of collective events in the Centre Court dedicated each province.

Article 32

A-juvenile courts comprise full-time and collective headed by a judge and two high degree holders Justice Minister select them with reserve members among State employees nominated by the ministries of education and higher education, Social Affairs, employment and women's Federation, and are designated by decree upon proposal of the Minister of Justice. B-members of the juvenile courts are the Thoroughbreds and reserves for two years, renewable, if expiration continue to exercise competence until another decree. C-place the collective juvenile court in the presence of a representative of the public prosecutor.

Article 32 bis

Tenured members of the juvenile courts shall, for the duration of their compensation to judges ad hoc library under legislative decree number 71 to 1975. In the event of termination in court for whatever reason, their breaks that compensate for the outage and give alternate members for the period of their work on the Court instead of the original members. Members of the juvenile courts of part-timers, principal or reserve, you get half the compensation described above in accordance with the rules applicable to tenured members of the Thoroughbreds and reservists.

This compensation is not subject to the ceilings laid down in Legislative Decree No 167 of 1963, as amended.

Article 33

Constitute a Special Chamber in the Court of Cassation to juvenile cases.

Article 34

Called juvenile judges from among experienced juvenile judges apart from categories and grades are being promoted in judicial courts whenever they deserved promotion with colleagues from other juvenile judges in seniority scale.

Article 35

In centres where there is more than one judge, Prosecutor or investigating judge takes the Justice Minister in the first month of each year which allocates decision judge of prosecutors and investigating judges to consider cases involving juveniles.

The judges shall each within its competence work on juvenile cases that doesn't preclude having other work.

Article 36

A spatial jurisdiction shall appoint to juvenile court in accordance with the following order: 1. replace the offence

2. home of the event or the home of his parents or guardian 3. Reform Institute or Center note that event mode b-if I fall right pin drop juvenile court considering the case to juvenile court where the home of the event or the home of his parents or guardian. C-If the event is one of the three areas outlined in the article on the public prosecutor to refer the case to the competent court in accordance with the priority specified in paragraph (a) of this article.

Article 37

The juvenile court shall consider within its competence at: a-juvenile crime. B-the cases stipulated in article 27 of this law if found her at the request of the public prosecutor's Office or the Ministry of Social Affairs and labour or a probation that nobody cared or legally responsible had him. C-boys and releases crimes neglect their care.

Article 38

The juvenile court judge shall within its competence to monitor the implementation of decisions and sentences and events visit the reform institutes, centres and institutions and cooperating with the juvenile court every three months and to report his observations to each of the ministries of Justice and Social Affairs and labour.

Chapter II due in juvenile cases

Article 39

A-apply special assets set out in the Act on juvenile issues whether in prosecution or investigation or in juvenile courts. B-the general laws apply in all cases not provided for in this law.

Article 40

If you subscribe to one crime and events effecting separate them and organizes events including special binders containing all their respect in accordance with the following assets: a-OPP distinguish cases referred to the Court directly. B-investigating cases in which differentiation is investigated when issuing a decision. C assignment judge shall distinguish in cases brought to him when issuing the indictment.

Article 41

It shall not apply to events in flagrante delicto or assets relating to direct proceedings before the Court. That direct proceedings before the Court on offences and misdemeanours punishable by a fine or imprisonment for a term not exceeding one year or both.

Article 42

Established personal right before a juvenile court proceeding according to regular assets. However, if the offence is not responsible for possible events events and bring a personal right in front of the competent ordinary court for other events, and in this case does not require regular court event but could his will or his guardian or legal representative. If the event subscription outstanding offence the Court may delay decision on regular claim right PIN until after a final chapter in the responsibility of the event before the competent juvenile court.

Article 43

The Court referred to the event should abandon the case if it requires interests of juveniles and forwarded to the Court actually in their home event, home of his guardian or Correctional Institute or center of transferee note event, that does not arise from the abandonment of what hinders the conduct of the trial.

Article 44

A juvenile court invites all proceedings and me event or bequest or Muslim or Muslim side representative and social service desk representative if any, or probation, and hear from him with the event: 1. get by community service or probation or by observation centre in the absence of an Office or through normal investigation by directly or through juvenile police all the information can be obtained concerning the conditions of people with physical and social event And his manners and intelligence and the school environment in which he grew up, his health and his actions and measures resulting from the repair.

2. without investigating crimes that are of type infractions or misdemeanors.

3. to order that the event scan physically and psychologically by specialist if necessary. B-and me event or person is recognized to him that a lawyer for the event whether already a felony or misdemeanor, and failing that the Court took this assignment. The provisions of this paragraph shall apply to the investigating judge. C-exempt as Magistrate Court of social service desk Rep and call centre for observation and probation.

Article 45

No court or the magistrate to decide arrest event at an observation centres created or recognized by the Ministry of Social Affairs and employment, in the absence of such an event is placed in the centres place juvenile arrests.

Article 46

Juvenile court magistrate in cases referred to it as quickly as possible in the interest of the event.

Article 47

If the judge deems that the situation of physical or psychological event requires study and extensive observation may decide temporarily positioned at Center for observation for a period not exceeding six months.

The judge cancelled this measure if the event interest and deferred action on the issue until after a period of observation and study.

Article 48

The Court should exempt the event from the trial itself if it considers that the interests so requires. And only in the presence of his guardian or guardian or Attorney and trial is conducted the event.

Article 49

-Taking into account the provisions of paragraph (c) of article (44), try secretly events to attend the event and his guardian or his agent or person is recognized and plaintiff and their agents and representatives of social service office or status observation and probation. B-for the Court to order the event out of the hearing after questioning if necessary, and if appropriate, prosecuted separately from the juvenile's guardian or trustee or Muslim. C-the Court judgement in open court.

Article 50

A juvenile court issues rulings in the last class. And issue an expedited implementation provisions if the interest of the event.

And appeal of the juvenile's guardian or trustee or Muslim, which was invited to the Court, the prosecution and plaintiff b. resolutions on parole requests, contracts, unless they were issued by the magistrate as a juvenile court, accepting an appeal by appeal in accordance with the provisions of paragraph (3) of article 167 of the code of criminal procedure.

Article 51

A-the court sends prosecutors binders suits which were not represented in it to watch them immediately after the expiration date or timeout Cassation against the defendant and plaintiff. B begin to notice the Cassation prosecutors the day following the date of the judgments in the presence of its representative and the day following the date of arrival of provisions subject to watch to her if this present case hearing representative governance. C-that the Court of Cassation is specified in paragraphs 1 and 2 of article (343) of the code of criminal procedure.

Article 52

Events are exempt from performing judicial and insurance fees and stamps in all cases heard by the juvenile courts in accordance with the provisions of this law.

Article 53

A court could directly, or at the request of the event or his guardian or trustee or lawyers or probation, or correctional measures modify switch after at least six months to begin implementation. B the Court decision about this contract but may submit a new request three months after the resolution. C in cases of vagrancy and begging the Court directly, or at the request of the event or the guardian or guardian or probation or a lawyer or the Director of the Institute of reform, alter or modify the planned reform measures without complying with the requirement over any period if the Court finds the event interest.

Article 54

A-it is prohibited to publish photographs of juvenile defendants, transcripts of court hearings or summaries published in books, newspapers and films in any way unless the competent court. B-all contrary to the provisions of this article are punishable under article 410 of the Penal Code.

Article 55

While retaining the provisions of article 166 of the Penal Code, the limitation periods prescribed in the Penal Code and code of criminal procedure relating to offences and penalties and reform measures and compensates and fall claim a public right and personal right to half of all juvenile crime.

Chapter III assistance for juvenile courts

Article 56

A plate of each court of juvenile courts in each of the governorates of Damascus and Aleppo Social Service Bureau bringing up the Justice Department Decree Angel spoke. B-Social Service Office:.

1. inquiry procedure provided for in article 44 of this law directly or through observation centres event if arrested.

2. organize the records of cases before the Tribunal and identify redundancies and notify the Court accordingly.

3. study reports of probation for juveniles charged with oversight and submitted to the Court with a statement reading.

4. any other task assigned to it in the Decree. C-note the social investigation centres in the provinces where there is no social service Office attached to the juvenile court. D-social service Office is headed by a specialist in education, psychology or social work or rights. -The Minister of Justice to occur social service offices in other provinces when he sees that the interest so require.

Article 57

A juvenile police allocated in each province to consider everything that would protect minors. B-juvenile police tasks and determine the conditions and rules under which they operate by the Minister of the Interior, after taking the opinion of the Ministry of Social Affairs and labour and the Ministry of Justice.

Chapter IV miscellaneous provisions

Article 58

A repeat do not apply to minors and do not register their sentences in penal record as their subsidiary penalties do not apply and add-ins. B-cancelling the registration of all previous provisions of penal record as subsidiary penalties cancelled and additional provisions concluded prior to the entry into force of this law.

Article 59

Apply after one year at most from the entry into force of this law paragraph b of article 31 and article 33 of this law.

Rule 60

This law applies to beggars or vagabonds events provided for in article 602 of the Syrian Penal Code.

Article 61

Eliminates juvenile delinquents Act promulgated by Legislative Decree No 58 dated 17/9/1953 and other provisions contrary to this law.

Article 62

This law shall be published in the Official Gazette and shall be deemed effective three months after the date of publication.

Damascus on 7/3/1394 30/3/1974

President Hafez Al-Assad. nm