Autor: Dragan JOVAŠEVIĆ
Publicat în: Journal Of Eastern European Criminal Law no. 2/2016
Revistă disponibilă: aici.
Abstract: At the beginning of 2006, new system of juvenile criminal law (substantial, procedural and executive) entered into force in the Republic of Serbia. In that way, by completing the reform of its criminal laAt the beginning of 2006, new system of juvenile criminal law (substantial, procedural and executive) entered into force in the Republic of Serbia. In that way, by completing the reform of its criminal law, the Republic of Serbia followed the tendencies of contemporary criminal policies of other developed European countries (such as France, Germany, Swiss, Finland, Croatia, Montenegro, Bosnia&Herzegovina, Macedonia and etc.) and determined the status of juveniles in criminal law in a specific manner. This specific manner includes several aspects: 1) the adoption of lex specialis – special Law on juvenile perpetrators of criminal offences and criminal – legal protection of juveniles, which completely separated the status of juvenile offenders from the status of adult perpetrators of criminal offences, 2) the establishment of special jurisdiction of higher courts for the cases of juvenile offenders, 3) obligatory specialization of persons employed in judiciary bodies who participate in criminal proceedings against juvenile perpetrators of criminal offences (including previous training and obtaining appropriate licenses i.e. certificates) and 4) the option, provided by the law, to impose specific sui generis measures on juvenile perpetrators, known as educational orders (instructions or recommendations), as means of restorative justice by which the initiation or the conduct of criminal procedure can be avoided. New juvenile criminal law of the Republic of Serbia is familiar with two types of criminal sanctions: 1) educational measures and 2) juvenile prison sentence. These criminal sanctions are defined as measures of social reaction prescribed by the law, which are imposed on juvenile perpetrators of criminal offences by the court in charge, in order to improve their education, re – education and appropriate (proper) development. New status of juvenile perpetrators of criminal offences and the application of juvenile sanctions are discussed in this paper, from theoretical, practical and comparative – legal aspect.
Keywords: juvenile criminal law; special jurisdiction; specialization of persons; educational measures; juvenile prison sentence.