THE PRINCIPLE OF OPPORTUNITY IN THE TREATMENT OF MINORS IN THE REPUBLIKA SRPSKA: EDUCATIONAL PURPOSE AND DISCRETIONARY PRACTICE

Abstract

Juvenile criminal law requires a special approach, based on the principle of the best interest of the child, minimal intervention and individualization of treatment. In this context, the principle of opportunity allows the prosecutor, despite the existence of legal grounds for criminal prosecution, to assess the expediency of initiating or continuing the procedure in order to achieve the educational function, prevention of future crimes and social reintegration of minors. Theoretically, the opportunity represents a functional addition to the principle of legality, reducing the risk of stigmatization and the negative consequences of formal criminal proceedings.

International standards emphasize minimal intervention and the application of alternative measures, affirming the opportunity as a means of diversionary and restorative policy in juvenile justice. The normative framework of the Republika Srpska allows the prosecutor to decide not to initiate or suspend the proceedings, taking into account the gravity of the crime, the circumstances of its execution, the minor's personality and his family and social situation, including the application of a police warning and educational recommendations.

Statistical data from the period 2020–2024. show a significant number of decisions not to initiate the procedure, which provides context for a deeper qualitative analysis. The analysis of seven cases shows that the prosecution applies the opportunity based on an individual assessment, taking into account the gravity of the crime, previous offenses, family and social context, the personality of the minor and the readiness of the family for educational action. The use of opportunities enables a focus on the educational purpose, and not only on repression, even in the case of more serious crimes, when the juvenile expresses remorse or compensates for the damage.

The conclusions point to the importance of opportunities as an instrument of individualization and humanization of treatment, but at the same time they emphasize the need for additional normative specification of criteria, monitoring of decisions and strengthening of interdisciplinary cooperation. When judiciously applied, the principle of opportunity allows for a balancing act between educational purpose and procedural efficiency, which is the essential goal of juvenile criminal law.