المبادئ التشريعية وفقاً للقرار بقانون رقم (4) لسنة (2016) بشأن حماية الأحداث
بوجهاد ماجد عبد المجيد الفتياني
Bojehad Majed Abd Al Majeed Alfetyani
This study will try to analyze the legislative principles for the protection of juveniles in accordance with the Legislative Decree Law No. (4) Of (2016) which aims to clarify the most important legislative principles approved by the Palestinian legislator in order to protect the juvenile delinquents, and the resulting problematic issues on the practical level to implement such principles, In addition this study will attempt to demonstrate the compatibility between the legislative principles for the protection of juveniles approved by Decree Law No. (4) Of 2016 regarding the protection of juveniles, and the legislative principles approved by the international legal rules for the protection of juveniles. In order to achieve this, this study will rely on the analytical descriptive approach in order to reach the accurate determinants of the study and its relevance to reality. The legal rules related to delinquency of the different legislative systems - and even if they have reached an advanced stage of legal regulation of this phenomenon - are however still suffering from multifaceted weaknesses and shortcomings that demand the legislator to reform in order to reach the criminal and restorative justice on its simplest form regarding the juveniles in conflict with the law. Consequently, the significance of choosing this topic is shown, owing to the fact that juvenile delinquency is progressively widespread, thus necessitating action to limit this phenomenon through all the available legal means. Furthermore, the importance of this category in order to protect it under the legal rules and legislative principles is the subject of this study. This study dealt with searching in the consecration of legislator's for legislative principles especially in protecting the juveniles and the extent of comprehensiveness of these principles and its ability on achieving the required protection for juveniles as considered one of the categories which the law ensue a special protection for, in addition to that, the study dealt with searching in the effectiveness of principles established by the Decree Law No.(4) of 2016 about protecting the juveniles in both of its sides, the substantive and procedural legal rules. In the end, this study reached a set of conclusions and recommendations that confirmed the direction of the legislator in achieving the best interest of the juveniles by adopting a new approach to restorative justice that is compatible with the specificity of the targeted group to be protected through the legislator’s approval of texts in accordance with Decree Law No. (4) for the year (2016) which have set The most important principles to be followed by the competent authorities regarding juveniles issues and the related problems have been identified.