PROCEDURAL SAFEGUARDS FOR CHILDREN IN CRIMINAL PROCEEDINGS IN THE REPUBLIC OF SRPSKA BETWEEN THE DOMESTIC NORMATIVE FRAMEWORK AND THE STANDARDS OF DIRECTIVE (EU) 2016/800

Abstract

This paper examines the level of alignment between procedural safeguards for children in criminal proceedings in the Republic of Srpska and the standards established by Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. Recognising children as a particularly vulnerable category of participants in criminal proceedings, the paper analyses whether the domestic normative framework ensures effective and child-appropriate procedural protection, taking into account the child’s age, maturity and specific needs. The analysis is based on a normative-dogmatic approach and focuses on the Law on the Protection and Treatment of Children and Juveniles in Criminal Proceedings of the Republic of Srpska, with the subsidiary application of the Criminal Procedure Code of the Republic of Srpska. Directive (EU) 2016/800 is used as the primary reference standard, interpreted in the light of the European Convention on Human Rights and the case-law of the European Court of Human Rights. The findings indicate that the domestic legal framework is largely aligned with European standards, particularly regarding the right to legal counsel and the basic limitations on the deprivation of liberty of children. However, the analysis also reveals notable normative shortcomings, especially concerning the individual assessment of the child, the right to information in a child-appropriate manner, and the comprehensive protection of the child’s privacy and identity. The paper concludes that targeted legislative improvements are necessary in order to achieve full and consistent compliance with the standards set by Directive (EU) 2016/800.