The Legal Protection to the Delinquent Juveniles in the Palestinian Legistlations

Discussion Committee: 
Dr. Nail Taha
Mohammad Zeead Mohammad Abdelrahman
This research cares about the future, not at the scientific level or the cultural fascination that the scientists and the renewal seekers look at. We deal with an accurate material thing that we can't program it or calculate it as what scientists of mathematics and the physics do, and we can't mix it with chemical substances then this interaction produces what we want from the pure gold. The material that we are talking about is a rare kind that we should study precisely and carefully. They are the nucleus of the society, the basis of the progress of the nations and the peoples. They are the young’s as we call them by our language or the juveniles as the jurists like us want to call them. The axis of this study is the ability of protecting them and revealing the reasons that make them other than that we want from them or other than that the society wants from them, and sometimes the society wants sticking to them but the result is without a good effect, not as the society or experts want. Therefore there was no escape from summarizing the better solutions by following the legal ways. Since the law has a significant importance in the peoples life, because it directs their matters in a form that achieves them a kind of justice and equality and it returns their lost rights, the law has been the solution to the young cases, the social inspirer and the propulsive guide to the straight path and towards a better society. There was no escape from studying this condition in order and with care, starting from the meaning and the definition of the juvenile. The juvenile in the linguistic side in Arabic is a word means the modernism and the modernism in everything, and the intended juvenile is the new the human beings or the young. As for the psychologists were different from the language scientists in it is not in the youngness idea but in the estimation of the age of the young, then the psychological and social considered that the arrogance includes the amount of the psychological maturity and not basically the age, and that the age is nothing but a time census. For the Islamic Sharia, it was estimating the age of the young or the juvenile physically, that is the age of the juvenile is determined at the maturity namely at the puberty. Thereafter the Islam treated that who attains the puberty as a matured ,and consequently Islam did not allow the negligence with that one about all of his sustenance and his actions and even his thinking. As for the law, it has its special consideration and special thinking and sometimes its makers differed or met on its bases or its texts or even on defining the age of the juvenile. The Palestinian law considered the definition of the juvenile regardless of age of the young or the juvenile, and many legislations are with the Palestinian lawmaker in this naming and definition. When we want to discuss the responsibility of the juvenile in every stage of his age, we can’t neglect criminal liability whose basis has been the product of many theories. Some of their theories believe that the basis of the criminal liability comes from the one’s own choice, other theories believe in another principle called the obligation ,which means the that the natural, social, psychological and environmental circumstances control the behaviors of the juvenile, consequently the external factors push the individual or the juvenile to commit crimes or violate the law. But both of the choice and the obligation theories didn’t seem to be satisfying to many jurists, and here comes the agreement theory that mixes between both theories and believes that the actions of the juvenile result from his choice for doing them, but without neglecting the external factors namely the social and psychological factor and the environmental ones that push the juvenile to commit a crime. Although this theory is the more suitable, the Palestinian law took hold of the choice theory exclusively. From the legal aspect, the criminal liability differs from an age to an another, and so do its legal responsibilities. The lawmaker has decided the non-presence of responsibility or abstention of criminal liability to the juvenile from the beginning of his birth and before he reaches the age of seven, thereby the law does not recognize any action resulting from a juvenile that did not reach the age of seven years, The lesson from that are that the doer is a person who isn't capable to realize the validity of his actions. As for the one who reached the age of seven and until twelve, the law punishes him for his criminal actions and made the punishment by putting the precautionary measures and the reformatory arrangements to prevent the juvenile from committing new criminal actions. The law has emphasized the measures that are taken in the juvenile whose exceeds twelve and before he completes the age of fifteen, by putting reforming and precautionary measures, But with the possibility of putting the juvenile in a reformatory. For the delinquent juveniles who did not reach the age of eighteen and their ages arent less than fifteen, the lawmakers have assumed for this category the availability of the incomplete penal capacity, but with deciding a necessary diluted excuse, and that in case of committing crime weather was a felony or a misdemeanor or a violation. And at the same time they allow some precautionary measures working to this category according to specific cases. The measures of the pursuit and investigation related to the juvenile have different rules from what have been explained about the laws and rules dealing with the delinquent juveniles , that is because of the non the presence delinquent of laws specialized in juvenile pans. The law has given the power to the policemen for pursuing the delinquent juveniles with the adult criminals, and the commissioners of the judicial seizing undertake the search and the investigation about the crimes, their perpetrators and the collection of evidences that are necessary for the investigation. The law did not require a special competent authority to the follow-up of a special category like the juveniles for collecting the information and evidences, and that have been complementary to what came in the juvenile reform law applied in The West Bank And the criminals law for the young applied in Gaza Strip. The treatment and the measures that are taken against the juveniles in the primary investigation are different from those that are taken with the adults considering that the lawmaker tries to treat the juveniles and not to punish them on their actions, nevertheless the lawmaker did not differentiate in the taken measures against the delinquent juveniles. The applied legal rules in Palestine regarding to the delinquent juveniles didn’t treat the subject of the primary investigation whether that was in the side that possesses the authorities of the investigation with the juveniles or in the measures whose taking is necessary in this subject. However it has put special rules that guarantee a protection to the juveniles and between these rules what is related to the detaining or what it expresses by the provisional detention. As for the detention, the law has allowed detaining the juvenile, then the accused juvenile can be released with commitment signed by his ruler or guardian, but from the right of the commissioner of the judicial seizing arresting him until he is taken to the prosecution in the felonies or the juvenile interest requires that or that releasing the juvenile may lead to a disorder in the issue courses. The most important measures that are taken against any person whether he is an adult or a juvenile is judgment, and the law did not create competent courts for the juveniles, but the law gave the specialization to the subject courts, and so the juvenile courts are formed from the ordinary courts that have been formed for the ordinary justice as the specialization owner court, taking into consideration some of the matters including its creation place, its formation time, the secrecy quality in the judgments that are being held for the juveniles, with the clarification of the possibility of stopping the sentence execution and what are the reasons leading to the non-ability of the execution. The sentence execution in most of the time takes place by sheltering the delinquent juvenile in a place specified for him for spending a period outside the society that he lives in, in order to let the juvenile move according to a new and regular way to polish his behaviors again. It is known that there are houses for the delinquent juveniles, and there are a few in the Palestinian Authority regions, that work under the supervision of the Ministry of Social Affairs. One of these houses is Al Rabee institution, this institution serves in the governorates of Gaza receives delinquent juvenile between the age of 12-18 whether they are sentenced or detained. Another institution is The hope House for the observation and the social welfare, and this institution works at the service of the northern governorates ( The West Bank ) and Jerusalem suburbs and shelters delinquent juvenile whose ages are between 12-18 whether they are sentenced or detained. These institutions are specified for sheltering the male juveniles and not the females, therefore a house specified for the delinquent and homeless females called The Girls Care House, and it works for the service of Gaza Strip, the northern governorates ( The West Bank ) and Jerusalem suburbs. The delinquent juvenile or who represents him has the right to object or appeal the judgment if he a believes that the issued judgment against him isn't right and isn’t accurate. Therefore the lawmaker created a way to the accused juvenile to express his rejection to the judgment, and he law gave him the right in the re- judgment or even in the appealing in the issued judgments against the delinquent juveniles by appealing in all of the final issued judgments in the subject. One important rule that is considered from the general law order is the prescription .It’s a right that the sentenced can’t give up, because it’s a part of the general law and the complete system. The measures that are followed in the prescription, interruption and the stopping in addition to other measures that followed in dealing with accused adults are also used.
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