Differentiated Juvenile Proceedings: Transition from Traditional Criminal Justice to Protective Justice

Abstract

Recent developments in criminal law theory demonstrate a gradual shift from punitive, offense-centered approaches toward protective and differentiated models in dealing with children and adolescents in conflict with the law. Traditional criminal justice systems primarily focused on the offense and the imposition of punishment, often disregarding the developmental, psychological, and social differences between juveniles and adults. Such an approach frequently failed to achieve rehabilitative goals and, in some cases, intensified labeling effects and recidivism among young offenders. In contrast, protective justice is grounded in the principle of the best interests of the child, individualized responses, and restorative mechanisms that seek to balance accountability with support. This study adopts a descriptive-analytical method, drawing upon criminological, victimological, and human rights foundations, to examine the transition from traditional criminal justice to protective justice within the Iranian legal system. It analyzes differentiated juvenile proceedings as the primary instrument for achieving child-centered justice. The findings indicate that recent legislative reforms have taken significant steps toward specialization in adjudication, strengthening social support mechanisms, and promoting preventive strategies. Nevertheless, the full realization of protective justice requires institutional transformation and a broader cultural shift toward developmental sensitivity and rehabilitative values.