Document Type : Research Paper
Authors
1
Ph.D Candidate in Criminal Law and Criminology, Ferdowsi University or Mashhad, Iran.
2
Professor Department of Law, Ferdowsi University of Mashhad, Iran
3
Associate Professor Department of Law, Ferdowsi Universit of Mashhad, Iran
10.22034/law.2026.67684.3494
Abstract
Juvenile criminal proceedings, due to the developmental, psychological, and social characteristics of children and adolescents, require differentiated and specialized mechanisms. One of the most significant manifestations of such specialization is the inclusion of the counselor institution in juvenile criminal justice, whose primary mission is to bridge scientific data on the child’s personality with judicial decision-making. However, a review of legal systems indicates that the mere formal recognition of counselors, without granting their opinions effective legal influence, does not necessarily lead to the realization of child-centered justice. This study adopts a descriptive–analytical method and a functional comparative approach to examine the legal status of counselors and the legal effect of their opinions in juvenile criminal proceedings under Iranian and Afghan law. The basis of comparison is not limited to statutory texts, but rather focuses on the actual functioning of the counselor institution across three dimensions: the objectives of juvenile criminal justice, the institutional and procedural structure of proceedings, and the legal effect of counselors’ opinions on judicial decisions. The findings reveal that in Iranian law, despite the formal recognition of counselors and an emphasis on specialization, the advisory and non-binding nature of counselors’ opinions weakens their decision-shaping role, diminishes the effectiveness of personality files, and perpetuates a judge-centered model of juvenile justice. In contrast, Afghan law, by adopting a participatory and binding framework, integrates the counselor’s opinion into the formal judicial decision-making process, thereby achieving a model more closely aligned with child-centered justice. The study concludes by proposing reforms aimed at requiring explicit reference to counselors’ opinions in judgments, strengthening participatory juvenile proceedings, and enhancing the practical function of personality files.
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