CRIMINAL PROTECTION OF CHILDREN AGAINST NEGLECT AND ABUSE

Abstract

In the first part of this paper, the author deals with issues related to the normative framework and practical challenges in the application of Article 193 of the Criminal Code of the Republic of Serbia. The position of the child as a special holder of legal assets is analyzed, as well as the system of criminal acts in the current legislation, which predominantly observes the protection of the child through the framework of family relations. The paper discusses the shortcomings of such an approach, especially with regard to the qualification of the act, determination of perpetrators and the application of the ne bis in idem principle in situations of parallel or successive proceedings. In the second part of the work, the author pays attention to the concept of gross neglect in the criminal offense of neglect and abuse of a minor in order to better define it normatively. The work indicates the need to reform the existing system through the clarification of legal terms, reasoned discussion about the possible introduction of a special group of criminal offenses against children and strengthening of inter-institutional cooperation. The paper supports an integrated model of criminal law protection that is in accordance with the principles of legality, proportionality and ultima ratio, while at the same time ensuring effective and essential protection of the child as a particularly vulnerable category.