IN EXPECTATION OF NEW LEGISLATIVE SOLUTIONS IN RESPONSE TO THE DYNAMICS AND THE STRUCTURE OF JUVENILE DELINQUENCY IN THE REPUBLIC OF SERBIA

Abstract

Almost twenty years after the adoption and implementation of the Law on Juvenile Offenders and Criminal Protection of Juveniles, the fundamental question raised by both scientific and professional communities is: what is the current state of practical implementation of this law? Specifically, is the existing normative framework adequate concerning the structure and the dynamics of juvenile delinquency and are the current normative solutions harmonized with the comprehensive international standards developed in the second and third decades of the 21^st century? Theorists and practitioners have provided numerous assessments of the legislative text itself. However, even after twenty years, certain critical issue remain unresolved, primarily two questions: 1) will certain legislative provisions continue to exist merely as “dead letters” considering lack of necessary conditions for their practical implementation? and 2) are competent institutions and professionals adequately prepared to fully implement the legal provisions? A preliminary assessment to these two questions is of significant importance, particularly in view of the anticipated legislative reform in the Republic of Serbia and the enactment of the new law, which has unfortunately been repeatedly postponed for years. Therefore, before making any final decisions, it is the author's opinion that it is essential to establish dialogue at the highest political level, supported by legal dogmatics, science and professionals from the juvenile justice system. This dialogue should initiate a comprehensive discussion that consider all relevant factors and produces appropriate solutions.