Analyzing Expediency in Article 414 of Criminal Procedure Code (Enacted in 2013) With Minimum Approach to Formal Criminal Justice System

Abstract

Surely, two cases of children’s fair trial principles are secrecy of the hearing, child knowing from itself status of proceedings and having ability to defend of its right. It seems, the legislator enacted article 414 of Criminal Procedural Code to supply these two rights. Given that, children don’t have suitable understand of rules and whether its guardian decide to participate in hearing at legislator discretions or not, then many questions are raised to supply the purpose of legislator. What the position of children expediency is in pattern of litigation? What is the legislator mean from mentioned interest in recent article? Does the interpretation of judges about the concept of expediency is favorable to legislator mean? Does the expediency is preventive here? The legislator a few steps ahead towards child-centered litigation with acting delinquent child expediency, Since the expediency is unclear in criminal procedural code and the role of delinquent child in court is passive, several files and researchers imply that this purpose could not be fully fulfilled.

Keywords

• expediency
• benefit
• necessity
• juvenile delinquency
• non-public hearing (absentee)