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Juvenile Law (Juvenile Code) - Official Gazette No. 846, published 2005/03/23 (1384/01/03 A.P.)
Juvenile Law (Juvenile Code) - Official Gazette No. 846, published 2005/03/23 (1384/01/03 A.P.)
In the Name of Allah, the most merciful and the most
Procedural law for dealing with children in conflict with
- This Code, in compliance with article 54 national constitution and
International Conventions protecting human rights and in particular
interests of children, dictates provisions indicating measures and procedures
applicable to children in conflict with the law,
children at risk, and children
in need of care and protection and safeguarding their rights during
investigation and trial.
- Objectives of this Code are:
- Rehabilitating and re-educating children in conflict with law.
- Respecting the vital role of children in society construction and
protecting their physical, moral, intellectual and social welfare.
- Specifying the responsibilities of parents, guardians or the legal
representative with regards to children in their custody.
- Taking in consideration the Convention on the Rights of the Child
during investigation and after trial.
- Hearing children’s view or their legal representative during
investigation and trial.
- Encouraging and supervising public welfare institutions and social
services with the intention of preventing juvenile offences.
- Protecting children at risk and in need of care and protection.
A child who is accused, has infringed the law, or has demonstrated irregular
behaviour, or is in need of supervision and protection,
shall be treated in
accordance with the provisions of this code.
The following terminologies have to be interpreted as follows:
- Child: A person who has not completed the age of 18
- Non-discerning child: A person who has not completed the age of 7
- Discerning child: A person who has completed the age of 7 and has
not completed the age of 12
- Juvenile: A person who has completed the age of 12 and has not
completed the age of 18
- Confinement: is restricting freedom of accused child in the
juvenile rehabilitation centers.
- Home confinement: is detaining child at home, his placement in a
private, public place or in one of the special social services institutions
a defined period of time.
- Legal representatives: are parents, guardians, executors,
relatives, attorney or legal guardian of a child.
- A person who has not completed the age of 12 is not criminally
- If the crime mentioned in paragraph (1) of this article is a result
of negligence on the part of parents and has caused material losses,
are obliged to compensate for the losses.
- The age of a child during investigation and trial is determined on
the basis of his/her citizenship ID Card.
- In case a child has no ID Card or his/her physical appearance
indicates an age different from that indicated in the ID Card, the opinion
forensic doctor shall be sought.
- If the opinion of the forensic doctor or other doctors contradicts
the background of the case and child’s physical appearance,
the issue of
determining child’s age shall be referred to a medical team of not less
than three doctors.
- Determining and fixing the child’s age is based on the date
the crime was committed.
Contemptuous and harsh punishment of child, even if for correction and
rehabilitation purposes, is not allowed.
Advising minimum confinement duration
Confinement of a child is considered to be the last resort for rehabilitation
and re-education of the child.
The court shall consider minimum possible duration for confinement based on
the provisions of this code.
Detection and Investigation of
- Detection of children offences is the responsibility of police
while special juvenile prosecutor’s office is responsible for
investigation and prosecution of juvenile crimes. To this end, special juvenile
prosecutor offices shall be established
in the capital and provinces.
- Juvenile prosecutor’s office is composed of Director and
professional and administrative members dealing with children’s
according to the provisions of this code.
- Professional members of the juvenile prosecutor’s office in
addition to meeting the criteria outlined in the relevant code shall
the specific aptitude, professional training and special experience in juvenile
- Juvenile prosecutor cannot initiate legal action directly against
children who have committed crimes, unless a person or a source
complaint to the prosecutor.
Circumstances for arrest
- If there is grounded evidence of misdemeanour, felony, or crime,
police has the authority to arrest a child under any one of the following
- Risk of flight
- Alteration of documents and evidence
- Risk of repetition of a new crime
- Handcuffs shall not be used for persons who have not completed 18
years of age, unless there is a risk of flight or if they pose imminent
to themselves or to others.
- The juvenile court has the authority, at the time of issuing
pre-trial detention order, to consider other appropriate alternatives
- Children in detention shall be kept separately from adults.
Notification of the arrest
- Police are duty bound to report the arrest and place of detention
of a child to child’s legal representative and social services
institutions within 24 hours from the time of arrest. If this information is not
provided within the time limit, the police are obliged
to provide written report
explaining reasons for the delay to the relevant prosecutor’s office. If
the police fail to present
logical reasons for the delay, the issue shall be
- The legal representative can demand immediately after apprehension
of a child, his/her release on bail. The police and prosecutor
are duty bound to
declare their decision on the release request within 24 hours. If the decision
is not taken in the given time,
the legal representative can complain to the
- The prosecutor and judge have the authority to release a child on
bail without monetary deposit, unless his/her situation requires
- The legal representative can request release of the child on bail
or bail’s extension during the course of investigation or
trial. If the
court does not does not deem detention of the child necessary, it can issue the
child’s release order without
The suspected and arrested child shall be detained in a special temporary
location. The detention authority is obliged to provide
access of the detained
child to social, educational, vocational, psychological and health services
considering the age and gender
requirements of the child.
Preparing first investigation report
- Police is duty bound to organize papers containing all required
information about the suspected child and disposition of the case
hours from the time of discovery and submit them to the juvenile
prosecutor’s office for completion of investigation.
- If preparation of papers containing all required information and
disposition of the case is not possible within 24 hours, the juvenile
has the authority to extend the period for submission of the papers and required
information up to 48 hours upon written
request by the police. The prosecutor
also has the authority to hand over the child to his/her legal
Duration for completion of
- The juvenile prosecutor is obliged to complete the investigation
within one week after receiving the file. If the investigation cannot
completed within the mentioned period, the prosecutor is obliged to request from
the relevant court extension of this period to
juvenile court is obliged to announce its decision about detention or release
within 24 hours.
- Child, legal representative or child’s attorney can complain
to the court against order of pre-trail detention at any given
Duration for preparing the indictment
The juvenile prosecutor, after completing the investigation and collecting
information mentioned under article 17 of this code, is
obliged to complete the
indictment in one week and submit it to the court officially. If completion of
the indictment is not possible
within the mentioned period, the prosecutor can
request three weeks extension from relevant court provided that the child is not
kept in detention.
Closing the file
In the absence of facts and evidence that warrant prosecution, the prosecutor
closes the file and notifies the victim and the one
who has sustained property
losses within one week. The one who has sustained property losses can submit
his/her request for compensation
of losses sustained to the relevant civil court
within 30 days.
Information for preparing grounded reasons
- Juvenile prosecutor is obliged to take into consideration the
following points while investigating crimes related to children for
- Age (day, month and year of birth)
- Degree of psychological development
- Character and aptitude
- Reasons and causes for committing crime
- Education level at the time of committing crime
- Circumstances and living environment at the time of committing
- Disgrace and intensity of crime
- Previous criminal record
- Behaviour while committing crime and thereafter
- Type, proofs, means, intention, time and location of crime
- Level of danger caused to the victim of the crime
- Existence of accomplices, and those who encouraged the crime
- Other circumstances that can affect determining the punishment
- Prosecutor, while investigating children’s crimes and
establishing their cases, is obliged to obtain information about them
police, parents, care takers, teachers, experts and any other person that has
information about them.
- Prosecutor is obliged to keep the investigation documents and
details confidential. Only the relevant courts and the child’s
can have access to criminal records.
Referring the case of those above 18 to competent authorities
- If, after commencement of the investigation or trial, the juvenile
prosecutor or the juvenile court realizes that the age of the accused
above 18 years while committing crime, they are obliged to refer the case to the
- If the accused does not agree with the provision under paragraph
(1) of this article, he/she can appeal to higher authorities. Higher
shall refer the issue to medical team as per paragraph (3) of article (6) of
this code, as a result of which the final
decision will be postponed. If the
accused is under detention, the medical team is obliged to give their opinion
within one week.
Adopting temporary protective measures
- Juvenile court upon request of the prosecutor or his/her legal
representative can adopt temporary protective measures regarding the
children with irregular behaviour.
- Accused child suffering from mental illnesses shall be referred to
mental institutions for treatment. Duration of his/her stay in
institution shall be decided by the judge as per the advice of the medical
Surrendering the child to his/her legal
- If a child with wisdom and intelligence, who has not completed 12
years of age, commits misdemeanour or felony, s/he shall not be
completion of investigations. The prosecutor can hand over the child for
supervision to his/her legal representative
or relatives respecting degree of
their relationship, by obtaining guarantee from them.
- To complete the investigation in case of children who have
completed 12 years of age and have not completed 18 years of age and have
committed misdemeanour, the child shall be surrendered to his/her parents,
executors, legal representatives or relatives upon request
of the relevant
prosecutor and after the permission of the authorized court.
- If children mentioned under paragraph (1) and (2) of this article
do not have legal representatives or relatives, they shall be surrendered
supervision to the juvenile rehabilitation centers or any other educational or
- If children who have completed 12 years of age and have not
completed 18 years of age commit felony, they shall be sent to juvenile
rehabilitation centers upon request of the relevant prosecutor and after
permission of the authorized court for completion of investigation.
- Juvenile prosecutor before making a legal decision about a child
mentioned under paragraph (3) of this article is obliged to discuss
with juvenile rehabilitation centers or social services institutions.
- Juvenile rehabilitation centers and social services institutions
are duty bound to provide complete additional information about the
environment, attitude and behaviour of the child along with their suggestions in
this regard to the relevant prosecutor’s
office and the court.
Advising and encouraging reconciliation
- The prosecutor can invite directors of the juvenile rehabilitation
centers and the social services institutions to advise and encourage
child’s legal representative and the one who has incurred losses to settle
the conflict which should not be illegal, provided
that the child has not
committed misdemeanour or felony. In other instances the prosecutor is obliged
to complete the investigation
as per provisions of article 15 of this code and
transfer the file to the relevant court.
- In case the legal representative of the child and the one who has
incurred losses agrees to reconciliation and reparation the prosecutor
decide to close the file.
The right to have an attorney
- In all stages of investigation and trial, the child shall have the
right to a defence counsel and interpreter.
In case the parents or
legal representative cannot afford a defence counsel or interpreter, the
juvenile court shall appoint a defence
counsel and interpreter on government
- The legal representative, defence counsel or the interpreter of the
child has the right to be notified and participate in all stages of legal
proceedings carried out by the prosecutor or the court.
- Absence of child’s legal representative during investigation
can not stop the investigation process unless the prosecutor deems
Assessing the complaint made by the legal representative
The legal representative of the child, after getting information about the
proceeding of investigation, has the right to file a complaint
to the higher
prosecutor. The higher prosecutor is obliged to assess the complaint immediately
and make necessary decision.
Collection of forms
- The prosecutor is obliged to collect designated forms containing
accurate information mentioned under article 17 of this code in order
complete the accused child’s file.
- If child has an accomplice above the age of 18, legal actions
against the child shall be conducted separately according to the provisions
Summoning the child
- The accused child shall be summoned for investigation or trial
through his/her legal representative. In case the legal representative
accompany the child, he/she shall be fined 500 Afghanis as per the order of the
- If the child is detained in juvenile rehabilitation centers, he/she
shall be summoned for completion of investigation, if needed,
- Legal representative, staff of the juvenile rehabilitation centers
or other educational and training institutions are duty bound,
if needed, to
present the child that is under their supervision or detained to the court for
completion of investigation.
The Procedure of
- Trial of juveniles’ offences shall be conducted by juvenile
court. To this end, primary juvenile courts shall be established
- Primary juvenile courts comprise of a presiding judge, members and
- The judges of juvenile court, in addition to meeting the criteria
and qualifications stipulated in the law of jurisdiction and organization
courts, shall also have specific aptitude, professional training and special
experience in children’s trial.
Stages of Hearing
- To ensure justice in case of child offenders, legal proceedings
shall be conducted in three levels; Primary Court, Appeal Court and
- The juvenile court shall conduct trials on crimes committed by
children within its relevant areas of jurisdiction.
- When the place where the crime has been committed is not
determined, the case will be heard by the juvenile court of the area where
child is residing. If it is not possible to determine the child’s place of
residence, the case shall be heard by the juvenile
court of the area where the
child was arrested or detained.
Cases to be heard
The juvenile court shall hear the following cases according to the provisions
of this code:
- Children’s crimes
- Children whose irregular behaviour cannot be corrected through
parental care or care of those who have the right to guardian them
adopting ordinary educational measures.
- Cases of children at risk and in need of care and protection.
Time limits for issuing order
- Juvenile court shall study the file within three days of its
receipt. In case defects are noticed in the file, the court shall return
file to the juvenile prosecutor for completion of investigation and resolving
the defects. The prosecutor is obliged to notify
the legal representative of the
accused about the issue immediately.
- The prosecutor is obliged to resolve the defects within one week
and resend the file to the relevant court.
- The juvenile court is obliged to issue its decision within 10 days
from the receipt of the file.
Reporting the pending cases (unprocessed doesn’t make
The judicial board or judges in the juvenile court are duty bound to report
the pending cases every 15 days to the head of the court
with the reasons for
the delay. The head of the court is obliged to take necessary measures in this
regard as soon as possible.
Confidentiality of hearings
- The juvenile court shall hear the cases behind closed doors but the
decision shall be read publicly.
- Publication of documents related to proceedings of children’s
trial including witnesses’ testimonies and ideas of experts
is not allowed
in mass media.
- Under no circumstances, revealing information about the
child’s personality or information that can result in identification
the child is not allowed.
- Reports on court proceedings shall be recorded and kept.
Notification of the decision
- The judges of juvenile court shall issue their decision after
hearing the statements and reasons of the child, witnesses, legal
prosecutor, defence counsel, staff of social services
institutions, views of experts, in the presence of the child
- If the charges against the arrested child are not substantiated for
the juvenile court, the court shall order the release of child.
This order shall
not stop the victim from claiming his rights. The juvenile prosecutor can appeal
against the decision.
- If the issues discussed during trial harms the child
psychologically, the court can continue the hearing in the absence of the child,
provided that the summary of the trial is communicated to him/her later.
Attending the hearing
- The child, legal representative, defence counsel, legal aid,
witnesses and members of the judiciary, those who have sustained property
and the prosecutor can attend the hearings. If presence of legal representative
is not to the child’s interest, or if
his presence can disturb the
proceeding of the trial, the court can order his expulsion from the trial
- The court can allow participation of professionals and experts in
education and welfare of children for research and study purposes
proceeding of the trial.
- The court cannot prevent any one from providing testimonies that
yield information about psychological development of the child, his/her
personality and living environment in the court.
Adoption of decision
Depending on the situation, the court has the authority to adopt one of the
following measures against the accused child:
- Performing social services
- Sending the child to special social services institutions.
- Issuance of warning.
- Postponement of trial.
- Conditional suspension of punishment.
- Home confinement.
- Surrender of child to his/her parents or those who have the
- Sending the child to the juvenile rehabilitation centers for
Consideration of information while adopting a decision
Judges in the juvenile court are duty bound to consider the provisions of
article 17 of this code while issuing orders.
Taking written guarantee
- In case the child is given to his/her legal representative upon the
order of the court, he/she shall be responsible for monitoring
and progress of the child and, the juvenile prosecutor takes a written guarantee
in this regard.
- In case the legal representative of the child does not perform
his/her duties properly as per the guarantee mentioned under paragraph
this article, the court has the authority to appoint another guardian for the
child on a temporary basis.
- Provisions of paragraph (1) and (2) of this article shall be
nullified when the child completes his/her 18 years of age.
Referring the child to mental health
If the child looks to have irregular behavior during the court proceeding,
the prosecutor’s office and the court can issue an
order to refer the
child to a mental health institution for diagnosis and treatment
- The following shall be taken into consideration while deciding a
sanction for the accused children:
- The sanctions for children who have completed 12 years of age and have not
completed 16 years of age cannot exceed one third of the
stipulated in the Penal Code for those above 18 years of age for the same
- The sanctions for children who have completed 16 years of age and have not
completed 18 years of age cannot exceed half of maximum
sentence stipulated in
the Penal Code for those above 18 years of age for the same crime.
- Children cannot be convicted to continued imprisonment (life imprisonment)
or death penalty
- The time that the child spends in pre-trial detention will be
deducted from his or her period of confinement.
Suspended and confirmed confinement
- If the duration of confinement of the child is not more than 2
years, the court can introduce the child for spending that specific
one of the social services institutions. In addition to this, the court can
order to one or more than one of the following
- - Periodical stay
- - Performance of specific tasks
- - Education and training
- - Movement restricted to specific locations/areas
- - Enrolment in an institution with social rehabilitation programs
- - Obligation to apologize and to compensate the damage caused to the
- - Surrender of child to parents or someone who has the right of guardianship
over him/her. In this case the court shall issue necessary
concerning the care of the child. If the legal representative does not perform
the obligations, the court can transfer
such supervision to other social
- - If the child is not corrected, issuance of warning for more severe
sanctions compared to the original punishment.
- (2) If the child has committed a crime that its sanction is confinement for
more then 2 year and less than 3 years, the court can
order suspension of his
confinement sentence. If the child during this period does not commit another
offence, the sentence will
be removed and regarded as abolished
abolition order of the sentence shall be issued by the court that has ordered
suspension of the sentence.
If a convicted child violates the condition of suspended sentence and commits
a new crime, the court can introduce the child for supervision
to one of the
social services institutions to perform humanitarian services throughout the
period of suspended sentence.
- (3) After the hearing of a case, the court has the authority to suspend the
procedure of trial in order to further assess the child’s
trial is suspended for a period not exceeding one year for misdemeanours and
three years for felony; in this case
the child will be surrendered to one of the
social services institutions for observation, treatment and support. The court
authority to dispose additional obligations in its order with the aim of
repairing consequences of the crime and encouraging reconciliation
victim. Suspension of trial shall nullify if the conditions for the suspension
are continuously violated.
Duration of suspended confinement
- The court has the authority to probate its decision with or without
obligation for one year in case of misdemeanour and for two years
in case of
- Orders for provisional suspension cannot be issued in the absence
of special educational programs and social services. Suspension
order is issued
before trial is concluded. The prosecutor can appeal within three days after the
order is issued.
Act of Appeal
- The convicted child, his legal representative or the prosecutor can
contest the decision of the primary court by filing an appeal.
- The competent source for filing an appeal is the office of the
Application for an appeal shall be submitted to the
administrative office of the court that has issued the order or to the
office of the relevant appeal court within 21 days. This period
is calculated as per the following circumstances:
- The Court has read out verdict and its reasons at the conclusion of the
trial in presence of accused child or his defence counsel.
- In case the court has not read out the reasons of the verdict with the
verdict and re-announces it to the accused child and to his/her
the date of the second notification will be considered as the beginning of the
- When in the same decision more than one child has been sentenced the date of
the last notification is considered the beginning of
the term for all
- In case of dissatisfaction, the child, his/her legal representative
or prosecutor can contest the decision of the juvenile court by
filing an appeal
within 21 days from the date the verdict was read.
- The child cannot wave his/her right of appeal without the consent
of his/her legal representative.
- If the child or his/her legal representative appeals against the
issued decision of the court, the specified punishment in decision
of the higher
court cannot be more severe than the decision of the primary court.
- The child, his/her legal representative or the juvenile prosecutor
can submit a recourse to the Supreme Court within 30 days against
of the appeal court. The recourse shall be deposited with the secretary of the
appeal court that has made the decision
or with the secretary of the Supreme
The functions of Juvenile Correction and Rehabilitation
Centers and Designated Social services
The juvenile correction and rehabilitation centers and designated social
services institutions, while executing sentences on children
in detention under
their supervision, are duty bound to submit report to the prosecutor’s
office and the relevant court every
three months or as requested otherwise. The
prosecutor and special juvenile judge shall visit the place of detention at
in a month.
Supervising implementation of order
The designated social services institutions are obliged to supervise the
execution of detention sentence in the juvenile correction
centers as well as all other instructions issued by court in this regard. These
institutions shall report to the
court on the progress of child rehabilitation
every three months or as requested by the judge.
Review of rehabilitation program
- The legal representative, head of juvenile rehabilitation center or
head of social services institution under whom the child is kept
at any given time can request the juvenile court to review rehabilitation
programmes or advise new arrangements
Visits in detention places
The legal representative has the right to visit the child in places of
detention provided that the rules of those places are respected.
Code of Conduct for Children with
- When a child manifests irregular behaviour, the juvenile
prosecutor, legal representative or social services institutions can report
facts about the issue to the court.
- The juvenile court, taking into consideration the provisions of
paragraph (1) of this article as well as relevant parts of the information
mentioned under article (17) of this code, shall complete required information
about the personality of the child and shall make
one of the following
- 1- Issue instructions for surrendering the child to one of the social
- 2- Issue instructions for his/her placement in one of the governmental
educational or health institutions.
- The judicial board of juvenile court shall take the decisions under
paragraph (2) of article 47 of this code in the presence of the
child or his/her
legal representative taking into consideration the opinion of the prosecutor in
a closed session.
- While the juvenile court makes a decision about placing the child
in one of the social services institutions, details and arrangements
education, vocational training, employment, programs for free times and medical
care of the child shall also be explained as
part of the decision.
- Social services institutions are duty bound to supervise the
behaviours and conduct of the child and provide required facilities for
reintegration of the child to a normal social life. For this, the institutions
shall maintain regular contacts with child’s
family and shall submit
periodical reports to the court on the child’s rehabilitation progress and
the execution of instructions
- Social services institutions can submit there ideas and proposals
regarding minor changes into the verdict of the court that would
be useful for
facilitating rehabilitation and reintegration of the child into the society.
Provision of facilities
- The social services institution is obliged to provide required
facilities for child’s contact with his/her family and society.
- The social services institution is duty bound to supervise
execution of instructions recommended by the court about the child and
monthly reports and/or whenever requested to the juvenile court.
Adjustment of verdict
To safeguard the interests of the child regarding his/her education and
reintegration into society, the court has the authority to
amend its judgement
Child care expenses
Expenses of the child while in the social services or education and health
institutions shall be covered by his/her legal representative.
shall be born by the State if the legal representative cannot afford the
Procedures for assistance to children
in need of care and protection
Child in need of care and protection
- A child in need of care and protection is a person:
- Whose physical, psychological, emotional health and security are at
- Whose interests and education conditions facilities are jeopardized
- Who has been abused by elders or a person having authority over him/her
- Who has been abandoned by the parents
- The juvenile court can make necessary decisions about the
provisions of paragraph (1) of this article, at the request of the child,
his/her legal representative, the prosecutor and/or any competent authority.
- The juvenile court shall hear the child’s statements, unless
the hearing is harmful to the psychological and physical wellbeing
of the child
as per his/her age, health and/or intellectual faculties.
- The juvenile court shall hear the statements of the child’s
legal representative and give them due consideration
- The legal representative can request the court to obtain the views
of professionals and experts about a child who is sexually, physically
- The juvenile court can summon professionals and experts to provide
information on the condition of the child
Supervising execution of court
The social services institutions are duty bound to follow the instructions
issued by the juvenile courts and submit monthly reports
to the relevant courts
on the child’s rehabilitation progress.
Adopting assistance and rehabilitation measures
- Juvenile court has the authority to adopt one of the following
supportive rehabilitative measures regarding the child described under
(1) of article 53 of this code:
- The child remains in his/her current environment. In this case, the
court shall appoint a legal guardian for the child so that he/she
can send the
child to the educational institutions, if ordered by the court.
- The child remains in his/her current environment provided that
he/she pays regular attends the health, educational or vocational training
- The child is separated from his/her current environment and kept
under supervision of his/her legal guardian so that he/she can send
the child to
the health, educational or vocational training institutions, if ordered by the
- The health, educational and vocational training institutions, and
the legal representative of the child mentioned under paragraph
(1) of this
article are duty bound to supervise the behaviour and conduct of the child and
submit written reports to the court on
the child’s rehabilitation
- Under circumstances specified under paragraph (1) and (2) of this
article, the legal representative is duty bound to keep the child
order of the court regarding dismissal of guardianship or separation of the
child from his/her current location.
- Under the circumstances specified under part (3) of paragraph (1)
of this article, the legal representative is duty bound to keep
the child till
further order of the court regarding withdrawal of guardianship and/or
child’s return to his/her family is issued.
- The child, in line with the provisions of paragraph (1) of this
article can request the juvenile court at any given time for meeting
family and legal representative.
Reviewing the measures adopted
- The juvenile court has the authority to review, whenever needed,
the measures taken under paragraph (1) of article 55, taking into
the attitude, conduct and conditions for the child’s rehabilitation.
- The juvenile court has the authority to review, every six months,
the measures taken under paragraph (1) of article 56 at the request
legal representative or the social services institutions.
- Parents are considered as legal guardians of a child who has not
completed 18 years of age.
- In case a child has no legal representative, the court shall
appoint a guardian for the child
- The territorial jurisdiction for appointing a legal guardian is the
place where the child resides or the place where the child is
present at the
time the proceeding is commenced.
Application for guardianship
- A person interested in the welfare of a child may submit a
guardianship petition to the relevant court along with the following
- 1- Surname and full address;
- 2- Name, age, child’s residing place and address
- 3- Type of relationship to the child;
- 4- Surname and address of ancestors, descendants and kin relatives of the
- 5- Justifications for competence to be the child’s guardian;
- 6- Type and scope of guardianship.
- The juvenile court shall send the petition for guardianship
mentioned under paragraph (1) of this article to the social services
for necessary investigations and provision of information. The
social services institutions are obliged to report their finding to
- The Juvenile court shall make decision about the appointment of a
child’s guardian in presence of the child, his/her parents,
and representative of social services institutions.
Authority of the guardian
- A person, who has been appointed as the child’s guardian, has
the authority to take care of child until the renewed decision
of the court.
- A child’s guardian has all the authorities and
responsibilities of the child’s parents, with the exception of the
maintenance and liabilities to a third party.
Responsibility of the guardian
A guardian has all of the following authorities and responsibilities in
addition to those specified in the civil law:
- 1- Taking care of the child’s moveable and non-moveable private
property as much as possible, and adopting required protective
measures in this
- 2- Shall not sell the moveable and non-moveable property of the child,
unless decided by the court.
- 3- May receive money payable for the child’s support to the parents,
guardian, or legal representative of the child, provided
that the legal guardian
spends the money and/or assistance in kind only to fulfil the current needs of
the child such as food, education
or his/her protection, and saves the remaining
amount for the future of the child.
- 4- Shall not use the child’s money or property for personal purposes
unless it is approved by the court in return for his/her
- 5- Taking legal actions against those who are obliged to fulfil legal and
social welfare commitments concerning the child.
- 6- Take legal actions for provision of educational, social and any other
activities of the child
- 7- Inform the court of changes in the address within 14 days.
- 8- Report to the juvenile court on the child’s behaviours, conduct and
rehabilitation progress with full details every three
months. The report should
contain psychological and medical development of the child.
Assessment of guardianship
- The court shall review the issue of legal guardianship for children
under 12 years of age once in a month, and for those above 12
years of age once
every three months.
- The court shall consider the following while reviewing the legal
guardianship of children mentioned under paragraph (1) of this
- Provision of facilities for social welfare of the child
- Need for continuation of guardianship
- Willingness and competence of the legal guardian for keeping up provision of
facilities for social welfare of the child
- Impacts of continuation of guardianship on social welfare of the child by
- Other factors considered by the court regarding guardianship
- The social services institutions are obliged to conduct
assessments regarding the provisions of paragraph (2) of this article as
instructions of the court and submit their reports to the relevant court.
- The juvenile court can adopt a decision as to continuation or
revocation of guardianship after completion of assessments mentioned
paragraph (2) and (3) of this article.
Revocation of guardianship
If the parent or parents fully observe the instructions of the court
regarding replacement of guardianship, the court has the authority
to revoke the
guardianship and order return of the child to one or both parents six months
before termination of the guardianship.
Execution of order
The final and definite verdicts of the courts concerning children are
executable. Any person who directly or indirectly disobeys the
obstructs execution of the orders or interferes in their legal proceedings will
be punished as per the provisions of
Observing provisions of other laws enforced
Should there be cases that are not provided for by this code, the case shall
be dealt with as per provisions of laws enforced.
Temporary defence counsel
Since there are not sufficient defence counsels at present in the country,
the suspected or accused child can refer to educated people
who have knowledge
of legal issues.
To this end, the president of each court shall prepare list of qualified
people that are introduced through the ministry of justice
in the capital and
through administrative division of governor’s office in the provinces to
the appeal courts.
Date of enforcement
This law comes into force on the date it is published in the official
Gazette, and any existing laws contradiction the provision of
this code are