THE PRINCIPLE OF OPPORTUNITY OF CRIMINAL PROSECUTION IN PROCEEDINGS AGAINST MINORS – CURRENT STATUS AND POSSIBLE AMENDMENTS

Abstract

In the article is explained the principle of opportunity of criminal prosecution in proceedings against minors, both from a de lege lata point of view and in a de lege ferenda sense. The paper also contains an adequate comparative law analysis of the principle of opportunity of criminal prosecution in proceedings against juveniles, which in the criminal procedure theory that deals with this issue is often referred to in Anglo-Saxon terminology as a form of diversionary action. In particular, various diversionary models in the procedure against minors in comparative law are explained, which essentially boils down to normative variants of the implementation of the principle of opportunity of criminal prosecution in relation to juveniles in the criminal procedure.

The author concludes that although the Serbian Law on Juvenile Offenders and Criminal Protection of Minors has been relatively successfully applied without any amendments since its entry into force, the time is ripe for its serious amendments and supplements. Some of these novelties should also be within the scope of the principle of opportunity of criminal prosecution, which should have an even broader application than is the case today.