The effect of the age of puberty of girls 9-15 years on the jurisdiction of criminal courts in the preliminary investigation stage of committed crimes .

Abstract

Regarding the competent court to conduct preliminary investigations of the crimes under Article 302 of the Criminal Procedure code committed by girls between the ages of 9 and 15, there is a difference of opinion in the judicial procedure. Some votes based on Note 1, Article 285 of the Criminal Procedure code, put the preliminary investigation of all crimes of people under 15 years of age under the jurisdiction of the Children and Juvenile Court and did not consider a difference between boys and girls. Some other votes have placed the preliminary investigation of this group under the jurisdiction of the special criminal court for dealing with juvenile crimes based on Article 315 of the Criminal Procedure code. Assuming the competence of the special criminal court to deal with juvenile crimes, on the one hand, the prohibition of dealing with said crimes without issuing an indictment according to Article 382 of the Criminal Procedure Code, on the other hand, the prohibition of preliminary investigations of girls aged 9 to 15 in the special juvenile court according to Article 285 of the Criminal Procedure Code are ambiguous. This research, with a descriptive and analytical method, and by examining different judicial votes and presenting different arguments in this field, in addition to explaining The desired difference, concludes that the preliminary investigation of these crimes without issuing an indictment in the special criminal court for dealing with juvenile crimes is true.

Keywords

• preliminary investigation
• children and juvenile court
• special criminal court for dealing with juvenile crimes