CHARACTERISTICS OF MISDEMEANOR PROCEEDINGS AGAINST JUVENILES WITH REFERENCE TO THE ANALOGOUS APPLICATION OF THE LAW ON JUVENILE OFFENDERS OF CRIMINAL OFFENSES AND THE CRIMINAL LAW PROTECTION OF JUVENILES

Abstract

The specific nature of proceedings against juveniles is a result of the goal intended to be achieved through the suppression of juvenile delinquency. Although the objective of conducting proceedings against both juvenile and adult offenders is the same—behavior in accordance with regulations—the difference lies in the fact that for juveniles, the emphasis is placed on educational influence for the purpose of their reintegration into prescribed social flows, with the exceptional application of punishment to achieve that goal. Conversely, adult offenders are issued adequate sanctions to exert influence on them and other citizens to respect the legal system.

From the above, it is concluded that social prevention is primary in juvenile justice; therefore, the procedure against juveniles is specific in its own right. This paper analyzes the characteristics of misdemeanor proceedings—misdemeanor procedural provisions—with a focus on the analogous application of certain provisions of the Law on Juvenile Offenders of Criminal Offenses and Criminal Law Protection of Juveniles, while pointing out the necessity of their application. Furthermore, certain segments of the Draft of the new Law on Juvenile Offenders and the Protection of Juveniles in Criminal Proceedings are also considered.