RЕGULAR LEGAL REMEDIES IN CRIMINAL PROCEEDINGS AGAINST MINORS IN THE REPUBLIC OF SRPSKA

Abstract

The right to a legal remedy appears as a fundamental right of every person against whom criminal proceedings have been conducted and concluded. In addition to the constitution, this right is provided for by a number of international documents, such as the European Convention on Human Rights and Fundamental Freedoms in Article 2 of Protocol 7, and the International Covenant on Civil and Political Rights in Article 14, paragraph 5, which proclaim the right of a person to submit legal remedy against court decisions (beneficium appelationis). In addition to these documents that treat the legal remedy as a fundamental right of every human being, there are also international documents that exclusively regulate the issues of criminal procedure against minors, and therefore the issue of the right to institute a legal remedy. Thus, the Beijing Rules, with its rule 7, clearly establish the rights of minors, including the right to appeal to a higher instance, then, the Convention on the Rights of the Child in its Article 40, paragraph 2, point b) (V) establishes the right to have the decision reconsidered by a higher authority, competent, independent and impartial authority or judicial body in accordance with the law.