Analyzing the Criminal Responsibility of the Parents Regarding Neglect and Negligence towards the Children at Risk

Document Type : Original

Authors

1 Abdollahi Associate professor of law، Faculty of Humanities and Social Science , university of Kurdistan ،sanandaj, Iran .

2 M A of criminal law student، Faculty of Humanities and Social Science, University of Kurdistan, Sanandaj ، Iran

Abstract

Paying attention to the basic needs of children is considered one of the most important tasks of parents. If they fail to meet these needs, the child will be in a dangerous situation and the possibility of being injured or committing a crime will increase. In this regard, the Iran Law on the Protection of Children and Adolescents approved in 2019, recognizes the concept of neglect and negligence on the part of parents towards children and adolescents and has established special measures to remove these people from dangerous situations. Based on this, this article has analyzed the conditions and extent of criminal liability of the parents in neglect and negligence towards the child with interpretative-analytical method Findings: According to the findings, it was concluded that despite the provision of criminal liability for negligent parents, still there are uncertainties; In such a way that parents, who are the primary cause of children's delinquency, are not responsible if their inattention causes a child's delinquency. Conclusion: In addition, some important examples of parental neglect that lead to a dangerous situation for a child or teenager have not been criminalized. Therefore, the legislator must criminalize some other examples of parental neglect to prevent victimization and repeated delinquency or to prevent the creation of a delinquent victim situation in children and adolescents.

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