CRIMINAL LAW POSITION OF THE CHILD IN CONFLICT WITH THE LAW IN THE REPUBLIC OF SRPSKA

Abstract

Modern social development has recognized and established the special position of the child in criminal law and the judicial system. Law is a set of coercive norms that apply in a state (Rudolf Jöring), but it is also an expression of social understandings and awareness of the need to adapt it to the child at the normative and institutional level, with special protection in the judicial system. This especially applies to its repressive criminal law level, which is the subject of our interest. The phrase child in conflict with the law, which we use in this paper, appears in modern juvenile criminal law, and is also accepted by our juvenile criminal legislation. This concept is quite broad because it encompasses a broader age concept of a child, with different legal classification and rights and obligations. For us, the position of children who, due to their age, are excluded from the application of criminal sanctions and other measures prescribed by criminal legislation is particularly interesting here. Given all the achievements to date in the special position of this category of children, we point out the present opposing tendencies to lower the age of the child in the application of criminal legislation. Therefore, in this paper we provide an overview of the normative foundations and perspectives of the position of the child in domestic and comparative criminal law, as well as international documents in terms of standards and influence on future changes. For the sake of better understanding and the need to regulate this sensitive matter harmoniously, we also briefly review the position of the child as an injured party (victim) of a criminal offense.