ZBORNIK RADOVA CENTRA ZA EDUKACIJU SUDIJA I TUŽILACA RS

JUNIAN CRIMINAL OFFENDERS AND EXTRA-INSTITUTIONAL, EDUCATIONAL MEASURES (NORMS AND EXPERIENCE OF IMPLEMENTATION IN THE REPUBLIC OF SERBIA)

2025-04-26T09:44:34+02:00

There are several specificities introduced by the Law on Juvenile Offenders and Criminal Protection of Minors of the Republic of Serbia from 2005, which initiated the work on the reform of its juvenile criminal law. Among them, a special place is occupied by the regulation of non-institutional educational measures as a key group of criminal sanctions provided for juvenile offenders. Such an approach of the legislator to this category of criminal sanctions for juvenile perpetrators of criminal offenses is the result of the legislator's completely correct position that extra-institutional measures and sanctions (educational orders, warning and guidance measures and measures of increased supervision) should be the basic instruments of criminal law reaction towards juvenile perpetrators of criminal offenses. However, despite its full criminal-political justification, the application of certain educational measures of this nature has not yet met the expectations of the legislator and the professional public.

CRIMINAL LAW POSITION OF THE CHILD IN CONFLICT WITH THE LAW IN THE REPUBLIC OF SRPSKA

2025-04-26T09:51:35+02:00

Modern social development has recognized and established the special position of the child in criminal law and the judicial system. Law is a set of coercive norms that apply in a state (Rudolf Jöring), but it is also an expression of social understandings and awareness of the need to adapt it to the child at the normative and institutional level, with special protection in the judicial system. This especially applies to its repressive criminal law level, which is the subject of our interest. The phrase child in conflict with the law, which we use in this paper, appears in modern juvenile criminal law, and is also accepted by our juvenile criminal legislation. This concept is quite broad because it encompasses a broader age concept of a child, with different legal classification and rights and obligations. For us, the position of children who, due to their age, are excluded from the application of criminal sanctions and other measures prescribed by criminal legislation is particularly interesting here. Given all the achievements to date in the special position of this category of children, we point out the present opposing tendencies to lower the age of the child in the application of criminal legislation. Therefore, in this paper we provide an overview of the normative foundations and perspectives of the position of the child in domestic and comparative criminal law, as well as international documents in terms of standards and influence on future changes. For the sake of better understanding and the need to regulate this sensitive matter harmoniously, we also briefly review the position of the child as an injured party (victim) of a criminal offense.

JUVENILE CRIMINAL SANCTIONS IN COMPARATIVE LEGISLATION

2025-04-26T10:13:08+02:00

Juvenile criminal sanctions represent the law-prescribed measures of social response to juvenile perpetrators of criminal offenses imposed by law-defined authorities with the aim to protect society from crime through education, re-education and proper development of minors. A minor cannot be imposed a criminal sanction for a criminal offense that has not been defined by the law as a criminal offense before it was committed, nor can a criminal sanction be imposed that has not been prescribed by the law as a criminal sanction before the criminal offense was committed. Their purpose is to suppress criminal acts that violate or endanger values protected by criminal legislation, that is, to suppress all types and forms of juvenile delinquency. Almost all modern criminal legislation has a special system of juvenile criminal sanctions in their system of criminal sanctions that is largely based on the standards set by international legal acts (adopted within and under the auspices of a universal organization - the United Nations, or a regional organization - the Council of Europe). In comparative legislation, educational measures are unavoidable juvenile sanction. In addition, a significant number, especially of European countries, foresee the penalty of juvenile imprisonment in their legislation, as well as a number of security measures. Alongside to juvenile sanctions, we should certainly not forget a series of sui generis measures, i.e. alternative measures that are imposed to these perpetrators of criminal offenses.

SOME ISSUES OF THE STATUS OF JUVENILES IN THE AMERICAN LEGAL SYSTEM

2025-04-26T10:33:42+02:00

The juvenile justice system has undergone significant transformations since its establishment at the end of the 19th century in the USA. This system intervenes in the delinquent behavior of juveniles through the police, court and correctional participation, with the goal of rehabilitation. Juveniles and their guardians may face a variety of consequences, including probation, community service, juvenile court, youth incarceration, and alternative education.

In this paper the authors analyze the historical context and subsequent reforms of the juvenile justice system in the USA to determine whether they remain true to their origins in the legal doctrine of parens patriae. This debate is illustrated by important US Supreme Court cases, adult system waivers, increased use of detention and “evidence-based programs” to suppress further delinquency and prevent violence. The discussion also focuses on the prevalence of systematic racial, ethnic and gender discrimination, which calls into question the usefulness of parens patriae and the overall effectiveness of the juvenile justice system.

Target audience includes state legislators, other state and local policy makers, educators, juvenile justice professionals, and concerned citizens. Empirically based answers are offered to frequently asked questions about the nature of victimization and criminal offenses of juveniles, as well as the response of the justice system. The topics of the chapters are as follows: characteristics of the juvenile population, juvenile justice system and criminal proceedings against juveniles.

JUVENILES IN EU CRIMINAL LAW: COMPARATIVE PERSPECTIVES AND CHALLENGES

2025-04-26T11:21:37+02:00

This manuscript examines the legal position of juveniles in the European Union (EU) legal framework, focusing on procedural safeguards, rehabilitation measures, and challenges in implementation. It explores relevant directives, the European Convention on Human Rights (ECHR), and the Charter of Fundamental Rights of the EU. The paper also highlights discrepancies in enforcement across Member States and proposes recommendations for harmonization. The EU legal framework emphasizes the protection of children's rights in criminal proceedings, ensuring their fair treatment and promoting social reintegration over punitive measures. By analysing the relevant legal instruments and judicial interpretations, this paper identifies gaps in the current system and suggests policy solutions to enhance juvenile justice across the EU.

WARNING AND GUIDANCE MEASURES IN JUVENILE CRIMINAL LAW AND PRACTICE IN BOSNIA AND HERZEGOVINA

2025-04-26T11:45:28+02:00

The subject of research in this paper is warning and guidance measures as one of the three types of educational measures that exist in the juvenile criminal legislation of the entity and Brčko District in Bosnia and Herzegovina. The educational measures in question are: a) court reprimand, b) special obligations and c) referral to an educational center. This paper provides a brief historical and comparative legal overview of each of those criminal sanctions that can be imposed on juvenile offenders. Also, the legal nature and scope of their imposition by the competent courts in the Federation of Bosnia and Herzegovina, as well as the institutional framework for the execution of some of the mentioned sanctions were analyzed, and certain proposals de lege ferenda were given.

CHILDREN AS VICTIMS AND PERPETRATORS OF CRIMINAL OFFENSES OF FAMILY VIOLENCE

2025-04-26T13:01:58+02:00

Domestic violence as a negative social phenomenon and incriminated behavior is present in our country. This is also a global phenomenon that manifests itself in different forms and shapes all over the world. As the very syntax ‘’violence in the family’’ means, this is violence that occurs within the family, whose actors are its members. In this sense, children appear as victims or perpetrators of these crimes. Accordingly, the subject of this work is defined, as it is titled. The goal is to determine, through statistical analysis of available data, the extent of children who have been recorded as victims of violence, as well as children who have been recorded as perpetrators of violence in the Republic of Srpska for the period from 2019 to 2023. Also, the causes and consequences of domestic violence are reviewed, with a special emphasis on the so-called transgenerational transmission of violence as a consequence of domestic violence seen in a wider context.

CYBERCRIME AND CHILDREN'S RIGHTS IN THE DIGITAL ENVIRONMENT: ANALYSIS OF THE EUROPEAN UNION'S LEGAL FRAMEWORK

2025-04-26T13:09:49+02:00

The development of digital technologies has brought numerous advantages, but it has also facilitated new forms of crime in which minors are involved, either as perpetrators or as victims. Cybercrime represents one of the greatest challenges of modern society, with children being among the most vulnerable users of digital technologies. Given the rapid expansion of the internet and increasing digitalization, minors are increasingly exposed to various forms of online threats, including abuse, sexual exploitation, human trafficking, and misuse of personal data. The primary objective of this research is to analyze the phenomenon of digital crime among minors in the European Union (EU), with a particular focus on legal aspects, prevention, and accountability. The methodology is based on a legal analysis of EU directives and regulations governing digital crime and the rights of minors, as the Union seeks to ensure comprehensive legal protection for children in the digital environment through its legislative mechanisms. However, despite the existence of legal instruments such as Directive 2011/93/EU on combating the sexual exploitation of children, the General Data Protection Regulation (GDPR), and the Digital Services Act (DSA), challenges in implementation and international cooperation remain significant obstacles to effectively combating these criminal offenses. This paper examines the EU’s legal framework on cybercrime and children's rights, assesses existing protection mechanisms, and highlights opportunities for improving legislative solutions to create a safer digital space for minors. The expected research findings emphasize the need for further harmonization of legislation within the EU concerning digital crime among minors, as well as the reinforcement of preventive strategies in schools and families.

DIGITAL VIOLENCE AGAINST YOUTH

2025-04-26T13:48:54+02:00

Digital violence, online violence, cyberbullying, cyber violence, grooming, violence supported by the use of digital technologies, sexting, electronic violence, internet violence – these are all synonyms used for certain forms of violence which are created through the use of digital technologies. They can take place on social or computer networks, various internet platforms, messaging applications or gaming platforms. It happens most often with the use of mobile phones or other computer devices. This type of violence includes various forms of behaviour such as spreading falsehoods, publishing photos and other personal data and content without the consent of the person, sending threatening messages through platforms, impersonating or sending message with inappropriate content, sexual exploitation od children etc. All the listed behaviours have a common tendency to repeat themselves for a shorter or longer period of time and most often they aim to intimidate, provoke anger, harm the personal integrity or sexually harass the person who is attacked. Live violence often occurs alongside on the internet, with the fact that the differences in the method and quality of court evidence are very pronounced. There is a large dark figure of digital violence precisely because of digital evidence are difficult to detect and prove, but also the legal regulations that need to be supplemented in good part, especially in the procedural part with new normative solutins.

MURDER OF A CHILD AS A FORM OF AGGRAVATED MURDER IN MODERN CRIMINAL LEGISLATION

2025-04-26T14:36:55+02:00

Among the most serious crimes within the framework of general, classic, conventional criminality is murder. It is deliberate, illegal deprivation (taking away) of the life of another person, by any activity, in any way or by any means. Depending on the circumstances under which this criminal offense was committed, the following are distinguished in modern criminal legislation: a) ordinary murder, b) aggravated murder, and c) privileged, easy murder. Aggravated murder represents the most serious criminal offense committed against a person, that is, against his basic right - the right to life, which is guaranteed by numerous international standards. It is about unlawfully causing the death of another person, which is qualified by one or more circumstances that give the committed criminal offense a greater degree of gravity or danger, or a greater degree of guilt of the perpetrator.

The specific form of manifestation of the criminal offense of aggravated murder is qualified by the capacity (personality, characteristics) of the passive subject (victim or injured party). This form of aggravated murder acquires a specific character or nature if the act of taking life is undertaken against a child or juvenile, i.e., against a person who, at the time the crime was committed, is not of legal age (old age). This paper discusses the capacity of a child or juvenile, which represents a qualifying circumstance for the legal qualification of the criminal offense of aggravated murder in modern criminal legislation.

IN EXPECTATION OF NEW LEGISLATIVE SOLUTIONS IN RESPONSE TO THE DYNAMICS AND THE STRUCTURE OF JUVENILE DELINQUENCY IN THE REPUBLIC OF SERBIA

2025-04-26T14:44:11+02:00

Almost twenty years after the adoption and implementation of the Law on Juvenile Offenders and Criminal Protection of Juveniles, the fundamental question raised by both scientific and professional communities is: what is the current state of practical implementation of this law? Specifically, is the existing normative framework adequate concerning the structure and the dynamics of juvenile delinquency and are the current normative solutions harmonized with the comprehensive international standards developed in the second and third decades of the 21^st century? Theorists and practitioners have provided numerous assessments of the legislative text itself. However, even after twenty years, certain critical issue remain unresolved, primarily two questions: 1) will certain legislative provisions continue to exist merely as “dead letters” considering lack of necessary conditions for their practical implementation? and 2) are competent institutions and professionals adequately prepared to fully implement the legal provisions? A preliminary assessment to these two questions is of significant importance, particularly in view of the anticipated legislative reform in the Republic of Serbia and the enactment of the new law, which has unfortunately been repeatedly postponed for years. Therefore, before making any final decisions, it is the author's opinion that it is essential to establish dialogue at the highest political level, supported by legal dogmatics, science and professionals from the juvenile justice system. This dialogue should initiate a comprehensive discussion that consider all relevant factors and produces appropriate solutions.

PROVISIONS ON JUVENILES IN HUNGARIAN CRIMINAL LAW AND CRIMINAL PROCEDURE LAW

2025-04-26T16:14:20+02:00

In our study, we present the basic lines of the special Hungarian criminal substantive law and criminal procedural law institutions related to juveniles. The current Hungarian criminal law distinguishes three sui generis age categories on the subjective side: childhood, youth and adulthood. Juveniles appear in the currently prevailing criminal law thinking as members of a group in a transitional situation, who are more developed than children in a biological, psychological and moral sense, but less developed than adults.[1] Hungarian academic András Szabó correctly pointed out that the realization of the social purpose of criminal responsibility is served by the penal system, punishments and the execution of punishments.

JUVENILE PRISON SENTENCE IN THE JUVENILE CRIMINAL LEGISLATION OF MONTENEGRO

2025-04-26T16:28:22+02:00

Contemporary juvenile criminal legislation in the system of criminal sanctions against juveniles recognizes: 1) corrective measures, 2) security measures, 3) juvenile prison sentence. In addition, certain alternative or diversionary measures such as conditional opportunity and dismissal of criminal charges for reasons of fairness are increasingly being included in the juvenile criminal legislation. In judicial practice, corrective measures are the most common ones. However, since juveniles are also perpetrators of serious crimes, where corrective measures would not be adequate response, the sanction resorted to in such cases is juvenile prison sentence. This is also the topic of this paper. In addition to the introduction which lists different models of response to juvenile crimes, the paper gives an overview of the historical development of the juvenile criminal legislation of Montenegro, with further reflections on the current issue of whether the age limit of criminal liability of juveniles should be lowered, and on the characteristics of the juvenile prison sentence in relation to the prison sentence against adult offenders. The central issue is the sentencing and determining the length of juvenile prison sentences. The paper is completed with a brief overview of the enforcement of the juvenile prison sentence and parole.

RESPONSIBILITY OF PARENTS FOR ACTS OF MINORS – CIVIL AND CRIMINAL ASPECT

2025-04-26T17:06:04+02:00

Parental rights consist of the rights and duties of parents to take care of the personality, rights and interests of their children. Parents are obliged to provide parental care in the best interest of the child, in accordance with his developmental needs and capabilities. Parents have the right and duty to protect and raise a child by personally taking care of his life, development, health and guiding him towards the adoption of values of universal character, and the acceptance of positive moral and social norms.In this sense, a particularly important issue is certainly the question of parental responsibility for the actions of their children, viewed from a civil law, as well as a criminal law aspect. For the actions of their children, when the legal requirements are met, parents are subject to civil liability for the damage caused, while when it comes to criminal law, parents can be held liable for the criminal offense of neglecting and abusing a child.

EDUCATIONAL ORDERS AS A CRIMINAL-LEGAL MEASURE OF STATE REACTIONTO JUVENILE DELINQUIRY (EXPERIENCE OF IMPLEMENTATION IN THE PREMISES OF THE HIGHER COURT IN ŠAPC)

2025-04-26T17:56:08+02:00

There are numerous innovations introduced by the Law on Juvenile Offenders and Criminal-Legal Protection of Minors of the Republic of Serbia from 2005. One of the most important is the legalization of educational orders as special and, above all, specific criminal-law measures of reaction to juvenile delinquency of an extra-institutional nature. The legalization of this category of criminal law measures of reaction to juvenile delinquency is the result of the legislator's completely correct position that non-institutional measures and sanctions in general, and thus also educational orders, should be the basic instruments of reaction to juvenile perpetrators of criminal acts. However, despite the full justification of this position of the legislator on this issue, when it comes to educational orders, it has still not been implemented in practice to the desired extent. Not only do we have an unjustifiably small number of applied educational orders, but there is also stagnation in their application. Among the reasons for such a high and, above all, unjustified gap between the norm and its application, two stand out in particular. The first is that we still do not have a sufficient level of awareness among those who decide on the application of educational orders of their importance as an instrument of reaction to juvenile delinquency; The second is the incompleteness of the normative framework for the application of educational orders.

(IN)POSSIBILITY OF IMPLEMENTING THE BEST INTEREST OF THE CHILD AS A VICTIM IN THE SUBSTANTIVE CRIMINAL LAW OF THE REPUBLIC OF SERBIA

2025-04-27T15:36:45+02:00

The best interest of the child is a generally accepted legal standard in all legal areas in the Republic of Serbia and in various types of proceedings conducted by administrative authorities, courts and social welfare authorities. The legislator has also incorporated this standard into laws, especially those regulating family relations. The paper deals with the topic of the best interest of the child from a practical aspect, with the aim that the topic of the paper and the observations made in court practice will be used to address the topic from both a scientific and theoretical-legal aspect. The paper starts from the regulation of this principle in international legal documents, as well as in domestic legislation, with a special focus on criminal law regulations, discusses the compliance of the terms "victim" and "child" with international definitions of these terms, and then, through specific examples from case law, seeks to find an answer to the question of whether and how the principle of the best interests of the child can be applied in criminal substantive law.

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

2025-04-27T15:43:53+02:00

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.

INDICATIVE EVIDENCE – PROOF BY INDICATIONS

2025-04-27T16:03:59+02:00

Indicative evidence is facts that do not provide direct evidence of a fact, but rather a certain fact is inferred from them based on circumstances, logic and other indirect facts. This evidence often plays a key role in the process of revealing, clarifying, proving a criminal offense, perpetrator, and especially when there is no direct evidence.

Proving by indications is the process in which the competent authorities, and ultimately the court, makes a final conclusion/judicial decision based on such indirect evidence, indications. This process is characterized by a high degree of logical inference, in the context of free judicial decision-making. In order to reach a guilty verdict, the court's conclusion must be "beyond reasonable doubt" where the available evidence unequivocally indicates the guilt of the person, leaving no room for a different rational decision.

The paper will analyze the essence of circumstantial evidence, and then of proof by circumstantial evidence, as a kind of system of cohesion of circumstantial facts based on their close connection, logical causality. In this context, several criminal cases will be presented, where proof by circumstantial evidence played a key role in reaching a guilty/acquittal verdict.

SUPPORT TO WITNESSES, VICTIMS OF CRIMINAL OFFENSES OF FAMILY VIOLENCE, WHO ARE MINORS IN THE PROSECUTOR’S OFFICES AND COURTS IN BOSNIA AND HERZEGOVINA

2025-04-27T16:17:05+02:00

The establishment of witness support services at courts and prosecutor's offices in Bosnia and Herzegovina, primarily for victims of criminal offences, is a key instrument for achieving justice for victims and enabling the victims to demand the exercise of their rights. If the state wants to obtain their testimony, it is obliged to guarantee the right of the witness to testify freely without fear of possible negative consequences that may arise from the truthful testimony. States have an obligation to work on prevention, conduct investigations and prosecute perpetrators of crimes with elements of violation of basic human rights and freedoms provided for by international law. This obligation also applies to domestic violence because it violates basic human rights and freedoms. Domestic violence is not only a widespread social problem that harms individuals, families and society as a whole but also a criminal offence. As such, it requires not only decisive social condemnation and prevention activities, but also unrelenting social disapproval and an equally strong response from the judicial system. Domestic violence also includes violence against children and minors that is often unjustifiably and tacitly tolerated as one of the traditional educational methods. Although witnesses have a legal and civil duty to testify in criminal proceedings, these proceedings must be organized in such a way as to avoid unjustified violation of the rights of victims and witnesses, especially when it comes to minors. A minor, and especially a child who is a witness in court proceedings, is a sensitive witness, and that sensitivity refers to children's vulnerability due to cognitive, emotional and social immaturity, which makes their psychological capacities frail to external influences.

Establishing support services for witnesses, primarily victims of criminal offences, is a key instrument for achieving justice for victims and enabling victims to demand the exercise of their rights. The provision of professional services by witness support services, in addition to psychological support and assistance also prevents the possibility of secondary victimization of victims in criminal proceedings. This paper will deal with the types of support for witnesses, victims of the criminal offence of domestic violence who are minors in prosecutor's offices and courts in Bosnia and Herzegovina.

CHARACTERISTICS OF CRIMINAL PROCEEDINGS FOR THE CRIMINAL OFFENCE OF HUMAN TRAFFICKING COMMITTED TO A MINOR BY A PARENT

2025-04-27T16:32:16+02:00

The author analyzes the characteristics of criminal proceedings for the criminal offense of human trafficking, committed against a minor by his parents. In the introductory remarks, basic notes were given about the specifics of this criminal procedure, which arise from the characteristics of the perpetrator and the passive subject of the crime. Then, the features of the criminal offense of human trafficking from Article 388 of the Criminal Code of the Republic of Serbia were discussed and certain international acts and standards of importance for the topic of the work were pointed out. The author pointed out the general characteristics of these criminal proceedings, and special attention was paid to the procedural position of the minor as a victim and protection from secondary victimization. The general principles of protection of these persons in criminal proceedings were considered in accordance with the provisions of the Code of Criminal Procedure and the Law on juvenile offenders and the criminal protection of minors. Their position as privileged witnesses and the manner of questioning were analyzed, as well as the conditions for familiarizing themselves with the content of the minutes of their statements. The specificity of the criminal proceedings under consideration is the participation of certain state institutions – the Center for Social Work and the Center for the Protection of Victims of Human Trafficking, and their procedural position was indicated. In conclusion, the author referred to the analysis performed and presented proposals for more substantive protection of injured minors from secondary victimization in these criminal proceedings.

JUVENAL JUSTICE AND PROSECUTORIAL DISCRETION IN A COMPARATIVE LIGHT - THE PRINCIPLE OF OPPORTUNITY IN CRIMINAL PROSECUTION AGAINST JUVENILE OFFENDERS IN COMPARATIVE LAW

2025-04-27T16:52:10+02:00

The paper examines the application of the principle of opportunity in juvenile criminal proceedings across different legal systems. The principle of opportunity, as opposed to the principle of legality, allows prosecutors to refrain from initiating or continuing criminal proceedings when doing so serves the interests of justice, rehabilitation, or social reintegration. The paper provides a comparative analysis of various jurisdictions, highlighting differences in legal frameworks, prosecutorial authority, and policy rationales behind the discretionary prosecution of juvenile offenders. It assesses how different legal systems balance the need for accountability with the fundamental principles of juvenile justice, such as the best interests of the child, proportionality, and diversion from formal criminal proceedings. The study also evaluates the safeguards and limitations imposed on prosecutorial discretion to prevent arbitrariness, discrimination, or excessive leniency. The paper ultimately argues that an appropriately structured system of prosecutorial discretion can enhance the effectiveness of juvenile justice by prioritizing rehabilitative measures over punitive sanctions. Through a comparative lens, the research underscores the importance of a balanced approach in juvenile justice policies, advocating for a legal framework that safeguards due process while promoting the social reintegration of young offenders.

THE POSITION OF JUVENILE VICTIMS IN THE CRIMINALPROCEDURAL LAW OF THE REPUBLIC OF SERBIA

2025-04-27T17:56:16+02:00

The subject of the expert critical analysis in the paper is the issue of the position of juvenile victims in the criminal procedural law of the Republic of Serbia. The subject matter is analyzed from three aspects. First, the aspect of the method of resolving subject-matter issues in the positive criminal procedural legislation of the Republic of Serbia (primarily in its Criminal Procedure Code and the Law on Juvenile Perpetrators of Criminal Offenses and Criminal Protection of Minors). Second, there is the practical aspect of the subject matter (Overview of the most common criminal offenses in which a minor appears as a victim from the area of the Appellate Public Prosecutor's Office in Novi Sad). Third, the comparative law aspect (Review of the issue of examining victims of criminal offenses, i.e. minor victims in the USA and comparison with our legal solutions with regard to the initial solutions).Based on the analysis of the aforementioned issues, at the end of the paper, proposals are given that, in the author's opinion, should contribute to improving the procedural position of minors as victims in criminal proceedings (proposals de lege ferenda).

THE CONCEPT AND CHARACTERISTICS OF JUVENILE DELINQUECTION

2025-04-28T10:17:08+02:00

Juvenile delinquency contains many features of adult criminality, but given the number of biopsychological, sociological and legal characteristics of young people, juvenile delinquency also contains many specificities that separate it from general criminality into a special category. These specificities are reflected both in the scope, structure, dynamics of the emergence and manifestation of juvenile delinquency, and in the manner and means of society's response to this phenomenon. As a significant social problem, which is present in all modern countries, including the Republika Srpska, it represents a complex and dangerous criminological, legal, economic and sociological challenge. At the same time, it is a visible symptom of the crisis of the family, the school system and the value system in society in general. Modern criminal justice systems pay special attention to the suppression of juvenile delinquency.

In this paper, the term juvenile delinquency will mean the behavior of minors that meets the characteristics of criminal offenses according to the current criminal legislation of the Republic of Srpska.

CHILD AS VICTIM AND PERPETRATOR IN CRIMINAL LAW

2025-04-28T10:25:08+02:00

The current position of a child in judicial proceedings differs significantly from the past. The standards established in proceedings where minors or children appear as perpetrators or victims are implemented into domestic legislation through procedural guarantees from adopted international documents. However, the demand for working in the best interest of the child for consistent practical application also calls for expedited amendments to juvenile legislation. This can only be achieved by equalizing the rights of the child as a victim and the child as a perpetrator of a criminal offense. The positive obligations of the state also imply ensuring equal treatment for these subjects. This will only be accomplished through corrections in the current juvenile legislation and the creation of a protection system.

INITIATIONS OF YOUNG PEOPLE INTO CRIMINAL GROUPS

2025-04-28T10:37:49+02:00

The problem of young people entering the world of crime is in the constant prism of the public, due to the expansion of violence, especially in poorer countries and dysfunctional societies. Due to the crisis of the value system, young people increasingly satisfy their needs and interests through crime, as perpetrators of various criminal acts. On that way, they go through various initiations, i.e. proving loyalty and belonging to an informal group. This path most often destroys many young people and puts them on the margins of society. Whether it will happen depends on numerous circumstances, but above all the balance of risk and protective factors in the environment in which the child grows up. It is through this work that we want to point out the problem of initiation of young people not only into the world of adults, but also into other informal groups, be it gangs, mafia organizations, religious sects, school fraternities, etc. All of them have serious consequences for a young person who is often rejected by his family, school, peers and society in general and seeks salvation in informal groups in the desire to belong to someone and with the aim of solving his problems. That path is always wrong, and each of these criminal groups is a vicious circle from which it is later difficult to escape due to the members' retaliation against those who want to leave them.

PSYCHOSOCIAL INTERVENTION PROGRAMS FOR JUVENILE OFFENDERS IN THE REPUBLIC OF SRPSKA

2025-04-28T11:02:51+02:00

Introduction: The Law on the Protection and Treatment of Children and Juveniles in Criminal Proceedings implies that certain educational recommendations and measures are imposed on these persons. The court makes a decision on the recommendations and measures after obtaining data from social anamnesis by experts. The anamnesis contains all the necessary data to select the most effective measures for preventing recidivism in committing criminal and misdemeanor offenses.

The aim of this paper is to examine possibilities of providing psychosocial interventions to juvenile perpetrators of criminal offenses, with special reference to counseling centers for young people who abuse psychoactive substances.

Method of work: A literature review provided insight into the existence of certain types of counseling centers and programs, in our environment and beyond. Insight was also gained into the effectiveness of these programs, as well as the causes that lead to the need for well-organized programs.

Results: Analyzing the situation in the Republic of Srpska, it is evident that Banja Luka, as the center of the Republic of Srpska, has the capacity to care for young people in conflict with the law, through cooperation between guardianship authorities and associations that can provide psychosocial interventions. There are also associations that work with young people whose delinquent behavior is caused by the abuse of psychoactive substances. When reviewing the sources of information, we did not find out whether smaller local communities have such programs. When investigating the success of psychosocial interventions, we noticed that the most effective programs are those that focus on early prevention, risk and protective factors, those that have a certain duration and structured program, and that include work with parents. Among other things, the projects "Benjamin" and "Stop" implemented in Croatia, and the program "Treatnet family" implemented by UNODC in several countries around the world are presented.

Conclusion: This paper analyzes the possibilities for implementing psychosocial interventions for young people in conflict with the law in the Republic of Srpska. Certain possibilities and capacities exist, but they are not present to a sufficient extent, especially when it comes to specific programs that would be applied to juvenile offenders who abuse substances.

„CYBER BEGGING“ AS A FORM OF CHILD LABOR

2025-04-28T11:12:53+02:00

Although child labor a priori does not necessarily mean exploitation of the child, but can be considered particularly useful for building a sense of obligation and responsibility from an early age, the misuse of this sociological and legal institute is not uncommon. Domestic and most comparative labor laws allow the work of persons under the age of 18, which is considered child labor, while the minimum age for establishing employment is generally limited to over 15 years of age. In addition to age as a condition, the legality of child labor is also conditioned by voluntary consent to work, the type of work and tasks that the child performs and that such work does not affect his psycho-physical development, as well as the process of his compulsory and regular education, helth condition and the consent and supervision of parents or guardians.

However, children are often forced to work without fulfilling the above conditions, and are very often engaged in work as victims of criminal offenses, such as, among others, begging, as one of the consequences or reasons for trafficking in human beings or children, which is defined by criminal legislation as a criminal offense among other criminal offenses against sexual freedom and morality. With the development of digital technologies, the way of communicating, exchanging information, but the way of working and living in general has taken on completely new forms. Thus, the forms of child labor have developed and evolved over time, and have become part of cyberspace, within which there are numerous dangers and risks that child labor can develop into illegal labor, or child exploitation. This paper talks about the emergence of „cyber begging“ as a specific form of child exploitation and child labor.

CAUSES AND CONSEQUENCES OF JUVENILE DELIVERANCE

2025-04-28T11:40:09+02:00

The topic of this research concerns the criminal justice aspects of the causes and consequences of juvenile delinquency and poverty in the Ilijaš municipality, in the period from 2020 to 2024. The research focuses on the analysis of criminal offenses in which minors participated. Important causes of delinquency among minors include poverty, lack of educational and social resources, and family problems such as abuse, neglect, and criminalization of parents. The research also explores how poverty, as a social factor, has a significant impact on the increase in the crime rate among minors. Minors who grow up in poor environments, where resources for education, health, and social care are limited, more often become prone to criminal acts, looking for ways to survive and escape their social inequality. Special attention is also paid to the legislative framework in Bosnia and Herzegovina that treats juvenile delinquency, with an emphasis on the specific provisions of the Law on the Protection and Treatment of Minors in Criminal Procedure, which allow for alternative sentencing measures and the rehabilitation of minors.

THE ROLE OF THE FAMILY, SCHOOL, AND COMMUNITY IN THE PREVENTION OF JUVENILE DELINQUENCY

2025-04-28T11:46:55+02:00

Juvenile delinquency represents a serious social issue of our time that requires a comprehensive approach to prevention. The family, school, and broader community play a key role in shaping young people’s behavior and preventing deviant activities. Mutual cooperation and coordination among these actors can significantly reduce the risk of delinquent behavior in youth and support their development into responsible and productive members of society. The primary aim of this paper is to provide a summarized analysis and overview of the most significant influences these factors have on the social phenomenon of juvenile delinquency. Given the limitations in scope on one hand and the complexity of the topic on the other, the aspiration was to present only the most important standards and fundamental principles of prevention.

CHILDREN AND JUVENILES AS SUBJECTS IN MINORITY PROCEEDINGS

2025-04-28T11:56:37+02:00

As the number of juveniles who commit misdemeanors increases from year to year, it is necessary to find a mechanism, or rather a way, to reduce this number in the coming period, which can be done through well-designed cooperation between the family, the environment, and the competent authorities (social protection system, police, health, education, and courts). When it comes to juveniles, special attention must be paid to the social conditions and causes that operate in the adolescent period and which, along with the influence of other negative factors, can lead to delinquent behavior. The abstract discusses the concept of "child", the concept of "juvenile", the responsibility of juveniles, and the procedure for juveniles.