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Act No. 18 of 1974
Date-birth: 1974-03-30 History-Hjri: 1394-03-07
Published as: 1974-03-30
Section: A law.
Window.
Section I: Definitions-Articles 1
• Chapter I: General provisions-Articles 2-3
• Chapter II: Reform Measures-Articles 4-25
• Chapter III: Care measures-articles 26-28
• Chapter IV: Provisions for felonies-articles 29-30
Part II: The origins of juvenile prosecution
• Chapter I: Juvenile Courts-Articles 31-38
• Chapter II: Trial Assets in Juvenile Cases-Articles 39-55
• Chapter III: Institutions assisting juvenile courts-Articles 56-57
• Chapter IV: Different provisions -- articles 58-62
The following expression shall mean the meaning given to each of them in applying the provisions of this Law:
1- Event : Every male or female is not 18 years old.
2- Court The Juvenile Court, which is made up of the provisions of this Act.
3- Observers Conduct A staff member assigned by the Ministry of Social Affairs and Labour to monitor the raising of the event and provide guidance and guidance to him and his/her upbringing.
4- Center Note : It is the centre dedicated to the events for which the judge decides to arrest them before the final verdict on them.
5- Institute Reform Events : Educational institution dedicated to juvenile convicts and their residence status by the court.
Revised by Legislative Decree No. 52 of 2003
The event, which was not seven years old when the act was committed, is not prosecuted.
a. If the event, which has completed seven years of age and 18 years of age, is committed, only the reform measures provided for in this Law shall be imposed upon it and several reform measures may be brought together. Revised by Legislative Decree No. 52 of 2003
b. In felonies committed by juveniles who have completed 15 years of age, the penalties provided for in this Act shall apply.
The reform measures are:
a. Delivery of the event to or to a parent or to a legitimate guardian.
b. Delivery to a family member.
c. Delivery to an institution or licensed association valid for raising the event.
d. Put it in the observation post.
e. Put it in a juvenile reform institute.
and-Booking in a precautionary shelter.
(g) Freedom of surveillance.
h. Prevention of residence.
i. Prevention of access to spoiler shops.
j. Prevention from doing a job.
k-care.
The Court is to control the application of the reform measures that it considers to remedy the event in the light of the information available to it on the status of the psychological and social event.
The court may rule by handing over the event to his/her parents or to one of them or to the legal guardian if they have the moral guarantees and could have raised the basis of the court or the probation.
a. If the parents of the event or at the legal level of the event are not provided with moral safeguards or have not been able to raise it, a member of his family has been handed over to him.
b. The person to whom the event is recognized should undertake to follow the guidance of the Tribunal and the Conduct Controller.
a. If the persons with the event are not among those who are to be raised, they may be placed in an institution or association that is suitable for raising the event.
b. The probation monitor should monitor the raising of the event and provide it and the authors with the necessary guidance.
a. A fine of 100 to 500 Syrian pounds or a person who has been extradited to him in application of the provisions of this law shall be punished with a fine if his or her legal duties are neglected.
b. This penalty is imposed by the court directly without the need for prosecution and on the basis of the probation report, and does not have the right to use mitigating circumstances or to discontinue their execution.
The court may decide to arrest an event for a pretrial arrest of not more than one month in the observation post if it finds that the interest of the event requires it.
a. The event shall be governed by the juvenile reform institute for a minimum of six months if the court finds that the event will warrant it.
b. The Director of the Correctional Institute shall submit a report to the Tribunal six months after the status of the event at the Institute, indicating the status of the event and, in the report, to propose an exemption from the rest of the period or impose any other remedial measure it deems necessary. He also has to report periodically to the court every three months until the event is cleared.
c. The Court alone has the judgement to exempt the event from the rest of the term or alter the measure by another remedy.
D. The duration of the event for the event at the Correctional Institute will be completed by the completion of the 21st-year event.
a. The reform measures, without extradition to the legitimate guardian, require that the State be stopped at the event in contravention of the implementation of the measure imposed.
b. The duty of care and education shall be exercised, on behalf of the juvenile court, the head of the family, the director of the institution or the director of the correctional institute in which the event is
The good practice of this duty is overseen by the probation officers if the event is not a subject at a reform institute.
The court must impose on the person who must pay for the event and raise the expenses required by the reform measure if he is able to do so.
The court shall impose a fine (100-300) Syrian pound on the guardian of the event if it is found that the juvenile delinquency is caused by its negligence.
The event on which a reform measure is supposed to comply with all the provisions imposed by the Court, and if something is rebelled against it, the Court may impose another reform measure on it in accordance with its status and interest.
a. Each event was imposed by a correctional measure and was in a mental, psychological or physical condition that required medical attention to the treatment called for in his condition.
b. If the juvenile delinquency is found to be due to a mental illness, it is held in an appropriate asylum until it is cured.
For the court to prevent the event in certain places, it must have been exceeded when the 15-year-old measure was sentenced to this measure.
a. The event shall be prohibited from access to gambling and gambling, and in case of violation by one of the reform measures contained in article IV, paragraphs (a-b-c), of this Law.
b. If the event is committed, because of its access to clubs or other public and private places, the Court may prevent the event from being able to go to such places and every other place that the denial of access is useful to.
Surveillance freedom is to monitor the behavior of the event and work to reform it by advising and assisting it to avoid bad behavior and to facilitate its compliance with society.
The Court may prevent the event of the measure of freedom from visiting every place where it sees a danger to its conduct, and may impose on it the presence at certain times before persons or bodies designated by them and constantly order it to some useful orientation meetings or any other matter that it deems necessary for reform.
a Duration of probation from six months to three years.
b. The completion of the 18-year event shall not preclude the continuation of the implementation of this measure in accordance with the provisions of this Act.
a. The Conduct Controller shall perform all of its functions under the provisions of this Law and the terms of reference established by decision of the Minister of Social Affairs and Labour after taking the opinion of the Ministry of Justice.
b. When appointed, the probation shall be sworn in to the juvenile court by faithfully performing the duties of its function. In the exercise of his duties, he or she shall have the status of judicial officer.
a. The probation monitor should report periodically to the juvenile court every month on the status of the event under its control, its conduct and the impact of surveillance on it.
He must report to the Court on each case that demonstrates the misconduct of the event or considers it useful to bring it to the attention of the Court.
b. The observer may propose to the Tribunal the measures deemed to be useful for the event.
The Court may rule on termination of probation after six months, based on a detailed report submitted by the probation or at the request of the persons with the event and their obligation to perform their duties towards him.
The judgement rejecting the application is concluded and the application may be renewed only three months after the request is issued.
a. Care is assigned to correctional institutes recognized by the State.
b. The Institute must provide care, education, vocational training, appropriate employment, counselling and guidance to be provided for or earn a life in an honourable manner.
c. The Institute has to report to the Tribunal on the status of the care sentence in every three months, and may propose that the event be vacated. The Court alone has the right to decide to vacate the event.
The court may impose a care measure on every event found:
a Homeless or a breadwinner who has no breadwinner and does not have a resource to live.
b. Works in places or exercises contrary to morals and morals. In all cases, the Court must impose this measure on each event that saw its case.
If the event of a care measure cannot be established in a care institution, the juvenile court may believe in a job in an industrial, commercial or agricultural occupation where the probation of the probation is controlled by the court and the prescribed remedial measures are taken. It's in this law.
The perpetrators of juvenile felonies who have completed the following 15 sentences are imposed on the following penalties:
a. If his crime is a criminal offence, the death penalty shall be held with employment from six years to twelve years.
b. If his crime against felonies is punishable by hard labour or life arrest is held with employment from five to ten years.
c. If his crime of felonies is punishable by temporary hard labour or temporary arrest, he shall be held with employment from one to five years.
The court may also impose the reform measures set out in article 4, paragraphs (f-g-e-e-i-K) of this law, on the events governed by one of the above-mentioned penalties.
Juveniles subject to the provisions of article (29) of this Law are remanded in juvenile reform institutes to be assigned a special ward.
a. Juveniles shall be tried before special courts called juvenile courts and shall consist of:
1. Part-time and part-time collective courts for the consideration of criminal cases and cases of imprisonment in which the penalty of imprisonment exceeds one year.
2. Magistrate Courts to be heard as juvenile courts in the rest of the cases of sexism and irregularities.
b. The Collective and Full-Time Juvenile Court has spoken by decree on the proposal of the Minister of Justice at the centre of each governorate in which it is required to establish such a court, and its spatial jurisdiction includes the administrative boundaries of the province.
c. More than one full-time collective juvenile court may be established at the centre of each governorate.
a. The full-time and part-time collective juvenile courts under the chairmanship of a judge and two members of the High Certificate Campaign are established by the Minister of Justice with two reserve members from among the workers of the State nominated by the Ministries of Higher Education, Education, Social Affairs, Labour and the Federation Women, and are being named by decree on the proposal of the Minister of Justice, " he said.
b. The jurisdiction of the members of the original and reserve juvenile courts for a period of two years shall be renewable, and if the term of office expires, they shall continue to exercise their terms of reference until another decree is issued.
c. The collective juvenile court shall be convened in the presence of a representative of the prosecution.
On a full-time basis, full-time members of juvenile courts receive compensation for the library allocated to judges by Legislative Decree No. 71 of 1975. In the event of a failure to act in court for any reason, such compensation shall be interrupted for the period of interruption and shall be given to the reserve members for the duration of their time to serve in the Tribunal rather than the original members. The non-full-time members of the juvenile courts are genuine or reserve, earning half of the compensation laid down in accordance with the rules applicable to the full-time members of the original and reserve members.
This compensation shall not be subject to the maximum limits provided for in Legislative Decree No. 167 of 1963 and its amendments.
constitute a special chamber in the Court of Cassation to deal with juvenile cases.
Juvenile judges are included among judges with experience in juvenile affairs, regardless of their categories and judicial degrees and are promoted in their courts whenever they deserve promotion with non-juvenile judges in the seniority table.
In the centres where there is more than one prosecutor or a judge of investigation, the Minister of Justice takes the first month of each year a decision to be made by a judge of the prosecution and another of the investigating judges to hear cases relating to the events.
These two judges, within their jurisdiction, shall be responsible for acts relating to juvenile cases, which shall not preclude them from doing their other work.
a. The Spatial Competence of the Juvenile Court shall be appointed in the following order:
1. The place of offence
2. Home of the event or home of his or her parents
3. Reform Institute or the observation post where the event was established
b. If the personal right is dropped, the juvenile court shall give up consideration of the case to the juvenile court in which the domicile of the event or the home of his or her parents is located.
c. If the event is stopped in one of the three places described in this article, the prosecution shall refer the case to the competent court in accordance with the priority specified in paragraph (a) of this article.
The Juvenile Court considers its spatial jurisdiction in:
a. Offences committed by minors.
b. Cases provided for in article 27 of this Law if found at the request of the Public Prosecutor's Office, the Ministry of Social Affairs and Labour, or a probation officer, that there is no one to take care of or that those responsible for it are not legally responsible.
c. Child-related offences and neglect of care.
The judge of the juvenile court should supervise the execution of the decisions and rulings issued against the events, and should visit the reform institutes, observation posts, institutions and bodies cooperating with the juvenile court every three months and submit a report to each of the ministries. Justice, social affairs and work.
a. The special assets set out in this Act apply to juvenile cases, whether in the prosecution service, the investigation or the juvenile courts.
b. The general laws apply in all cases not provided for in this Act.
If the one crime is involved, events and non-events differentiate between them and organize events including a special press containing all related to them, according to the following assets:
a. The Public Prosecution Service shall make a distinction in cases which refer it directly to the court.
b. The investigating judge shall make a distinction in cases to which he or she shall be investigated when making the decision of thought.
c. The judge of referral shall make a distinction in cases brought to him when the indictment is issued.
Assets relating to a committed offence or related to the administration of proceedings shall not be applied to juveniles directly before the Tribunal. However, the proceedings may be brought before the court for offences and for offences punishable by a fine or imprisonment for a period not exceeding the year or both.
The personal right is brought before the juvenile court according to normal assets. However, if the officials in charge of the offence are juveniles and non-events, the personal right may be brought before the competent criminal court for non-juveniles, in which case the event is not required before the ordinary court, but may be made on the grounds of his or her guardian, guardian or any legal representative. If the participation in the offence is not decided upon, the ordinary court may delay the determination of the personal right after final dismissal of the responsibility of the event by the competent juvenile court.
The court would not give up the case if it was in the interest of the event and referred it to the court in its region, the home of the event, its home, the correctional institute or the observation post to which the event was transferred, and this would not give rise to the obstruction of the trial.
a. Invites the juvenile court in all roles of the proceedings, the guardian, the Muslim person, the representative of the Muslim entity, the representative of the social service office, if any, or the observer of the conduct, and shall listen to those who invite him or her to the event and to:
1. To be obtained by the Office of the Social Service or the Conduct Controller or by the observation post in the absence of an office or through regular investigation conducted directly or by the juvenile police on all possible information concerning conditions of physical and social event With his morals, his degree of intelligence, the environment and the school in which he grew up, his state of health, his past actions and the measures resulting in his reform.
2. The investigation of offences that are of the type of offences or misdemeanours can be dispensing with.
3. To order the physical and psychological examination of the event by a specialist doctor if necessary.
b. The guardian of the event or the person who is recognized shall have the duty to appoint a lawyer to the event as to whether the act is a felony or a misdemeanor, and if it is not possible to do so by the court. The provisions of this paragraph shall also apply to the investigating judge.
c. The Magistrate's Court shall be exempted as a juvenile court from the invitation of the representative of the Office of the Social Service, the observation post and the probation service.
The Court or the investigating judge may not decide to arrest the event in non-observation posts established or recognized by the Ministry of Social Affairs and Labour, and in the absence of such centres, the event will be placed in a juvenile arrest shop.
The investigating judge and the juvenile court shall decide cases referred to them as soon as possible in the interest of the event.
If the judge considers that the condition of the physical or psychological event requires a study and a broad observation, he or she may decide to temporarily place it at a centre for observation for a period not exceeding six months.
The judge may revoke the measure if the interest of the event is ruled out and the case is postponed until after the end of the period of observation and study.
The court may exempt the event from attending the trial by itself if it considers that it is in its interest to do so. It only has a presence, guardian, guardian or lawyer and considers the trial and the prosecution of the event.
a. Taking into account the provisions of article 44, paragraph (c) of this Law, juveniles shall be tried in secret with the attendance of the event, the guardian, the agent, the personal prosecutor, their agents, the representative of the social service office or the observation post and the probation officer.
b. The Tribunal may order the removal of the event from the hearing after questioning if necessary and, if necessary, may conduct the trial in isolation from the guardian or guardian of the event or the person to which it is extradited.
c. The Court will render its judgment in a public hearing.
a. The juvenile courts shall issue their sentences in the last instance. It may issue expedited provisions if the interest of the event so requires.
The appeal shall be accepted by the guardian, guardian or Muslim person, i.e., to the Court, the Prosecutor's Office and the Personal Prosecutor
b. Decisions rendered in requests for eviction are concluded. Unless they are issued by the Magistrate's Court as a juvenile court, the appeal is accepted on appeal in accordance with article 167, paragraph (3), of the Code of Criminal Procedure.
a. The Court shall send to the Prosecutor's Office proceedings, which were not represented at the time of the expiry of the date of the objection or the deadline for the appeal in cassation against the defendant and the personal prosecutor.
b. The deadline for the appeal is in cassation against the prosecutor's right of the day following the date of the judgement delivered in the presence of its representative and from the day following the date of arrival of the judgements subject to the review of the Court, if the present representative is not present at the hearing of the judgement.
c. The duration of the appeal in cassation is the duration specified in paragraphs 1 and 2 of article 343 of the Code of Criminal Procedure.
Events are exempted from the performance of fees, judicial insurance and stamps in all cases considered by the juvenile courts in accordance with the provisions of this Law.
a. The court may, at least six months after the commencement of its implementation, directly, or at the request of the event, guardian, counsel, counsel or probation service, alter or modify the prescribed correctional measures.
b. The Court's decision in this regard is concluded, but a new application may be submitted three months after the said decision.
c. In cases of vagrancy and begging, the court may directly, or at the request of the event, guardian, guardian, probation service, lawyer or director of the Reform Institute, alter or amend the prescribed remedial measures without respecting the requirement of any length of time if the Court finds the interest of the event in this interest.
a. It is forbidden to publish the image of the defendant and to publish the facts, summary or summary of the judgement in books, newspapers and cinema, and in any manner, unless the competent court allows it.
b. Any violation of the provisions of this article shall be punishable under article 410 of the Penal Code.
With the retention of the provisions of article 166 of the Penal Code, the statute of limitations provided for in the Penal Code and the assets of penal and criminal prosecution, penal measures, penal measures, civil obligations, the fall of the public right and the personal right are reduced to half for all offences. Events.
a. Each juvenile court in both the governorates of Damascus and Aleppo is supported by an office of social service, which is set up by the Ministry of Justice and is staffed by a decree.
b. The Office of the Social Service is doing the following:
1. The inquiry provided for in article 44 of this Law shall be conducted directly or by the observation posts in which the event is held if any.
2. Organization of records of cases submitted to the Tribunal and identification of instances of repetition and the information of the Tribunal thereon.
3. Examination of reports submitted by probation officers and submit them to the Tribunal with a statement of reading on them.
4. Any other task in this regard is assigned to it in a decree to be made.
c. Observation posts are responsible for social investigation in governorates where there is no social service desk attached to the juvenile court.
d. The Social Service Desk is headed by a specialist in education, psychology, social service or rights.
(e) The Minister of Justice has an office for social service in other governorates when he considers the interest to be in the interest.
a. A juvenile police will be specialized in each governorate to consider all the protection of minors.
b. The functions and conditions of the juvenile police and the rules under which they operate shall be determined by the decision of the Minister of the Interior after taking the opinion of the Ministry of Social Affairs and Labour and the Ministry of Justice.
a. The provisions of repetition shall not apply to juveniles and their sentences shall not be recorded in the judicial record and the subsidiary and additional penalties shall not be applied against them.
b. The registration of all prior judgments of the Register of Justice shall be annulled and the subsidiary and additional penalties imposed by the provisions concluded prior to the entry into force of this Act shall be repealed.
shall apply one year after the most effective of this Act, paragraph b of article 31 and article 33 of this Law.
This law applies to juvenile beggars or vagrants provided for in Article 602 of the Syrian Penal Code.
The Law on Juvenile Offenders shall be repealed by Legislative Decree No. 58, dated 17/09/1953, amended and other provisions in contravention of this Act.
This Law is published in the Official Journal and takes effect three months after the date of publication.
Damascus 7/3/1394 A.H., 30/3/1974
President
Hafez al-Assad
mz. m
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