Juvenile Court and Adolescent Facilitation of Prostitution: A Case Analysis from Juvenile Court of Tehran



Abstract

Corruption and prostitution constitute serious threats to the physical and psychological health as well as the future of adolescents. In Iran, adolescents are sometimes identified not only as victims but also as facilitators of offences related to Article 639 of the Islamic Penal Code; a role often shaped under the influence of familial, social, and environmental factors. This study, employing a case-study method, analyzes and evaluates a judgment issued by Branch 3 of the Juvenile Court of Tehran in a case involving a 16-year-old Afghan national accused of providing the means for corruption and prostitution. The presiding judge, relying on psychological and social expert reports, the invalidation of confessions obtained under duress, the presumption of innocence, and the principles of the Convention on the Rights of the Child (in particular Articles 3 and 40), acquitted the defendant and ordered her placement under the care of the State Welfare Organization for the implementation of supportive and rehabilitative interventions (weekly counseling, continuation of education, and monthly monitoring). The judgment’s strengths include its systematic structure, prioritization of the best interests of the child, and recourse to non-custodial alternative measures. However, shortcomings are also evident, such as insufficient legal analysis of the constitutive elements of the offence under Article 639, failure to pursue accountability of investigative officers and the preliminary investigating judge despite explicit criticism of their conduct, and inadequate consideration of the family’s supportive capacity. The fact that the accused was an Afghan national in practice severely limited access to family members and a suitable legal guardian, leading the court to opt for direct referral to the Welfare Organization; this highlights the necessity of adopting special procedures for vulnerable migrant juveniles within the judicial process. The findings of this research can serve as a basis for rethinking the juvenile criminal justice system, strengthening the rehabilitative perspective, and enhancing prevention of future delinquency among adolescents.

Keywords: Corruption and prostitution, adolescents, juvenile justice, rehabilitation, juvenile court.