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An-Najah University Journal for Research - B (Humanities)

DOI

10.35552/0247.38.5.2192

Abstract

The study aims to shed light on the reconciliation justice system in the Palestinian legal system by studying the text of Article 23 of the Decree-Law on the Protection of Juveniles and related to the mediation system in cases of children who have committed acts in violation of the law in accordance with the the decision by law under study. The study took the analytical approach as a method of study, in addition to a comparison with some legal systems in the Arab countries in the field of conciliation justice in general, and especially in cases related to juvenile laws. The study concluded that what the parties to justice police, prosecutors and judiciary do in this field takes them out of their familiar image into a social role instead of the well-known policing role. We are tackling a social referral in this matter, which is the true international trend for the protection of juveniles and is also in line with our view of the juvenile children as a victim who must be cared for and protected in accordance with their age and does not detract from the rights of the abused. The study recommended specialized training on mediation in order to ensure the quality of mediation and not limit the use of mediation to the pre-trial stage, but must be provided during legal proceedings, and even during the legal enforcement stage, in addition to training lawyers and encouraging them to find friendly solutions and assess the validity of mediation in each case independently.

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