ZBORNIK RADOVA CENTRA ZA EDUKACIJU SUDIJA I TUŽILACA RS

MINORS AS VICTIMS OF CRIME AND CRIMINAL-LAW PROTECTION MECHANISMS

Dragana Kolarić — 2026-05-02

In this paper the author first examines, from a terminological perspective, the relationship between the concepts of ‘victim’ of a criminal offense, the ‘passive subject’ used in substantive criminal law and the ‘injured party’ characteristic of Serbian criminal procedural law. Within the unified legal order of the Republic of Serbia, three concepts that are essentially similar coexist. It is interesting to note that the Criminal Code, inconsistently with its authentic term ‘passive subject’, uses the term ‘victim’ in several provisions. Therefore, a separate section of the paper is devoted to discussing whether any benefit would be gained from defining the concept of victim in the Criminal Code and the Criminal Procedure Code, which some countries in the region have already done.

The central part of the paper is devoted to a discussion of the position of minors as passive subjects in the substantive criminal law of the Republic of Serbia. When prescribing more severe, qualified forms of certain criminal offenses, the legislator has required the existence of specific characteristics of the passive subject, which has been done with the aim of improving the position of certain persons, particularly minors. In this part of the discussion, the author offers a large number of de lege ferenda proposals that could contribute to improving the criminal-law position of minors. Separate sections are devoted to international standards, as well as to an overview, selected by the author, of the adopted constitutional complaints filed by minors as injured parties/victims of criminal offenses before the Constitutional Court of Serbia.

CRIMINAL PROTECTION OF CHILDREN AGAINST NEGLECT AND ABUSE

Zoran Pavlović — 2026-05-02

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.

CRIMINAL PROTECTION OF MINORS AGAINST FORCED MARRIAGE

Dragan Jovašević — 2026-05-02

On the basis of universal or regional international documents, the freedom to conclude a marriage in a legally prescribed procedure is guaranteed. It is about a specific type of personal freedom of decision. It is also guaranteed by the constitutional and family law of individual countries. In order to ensure effective protection of a person's freedom of decision regarding entering into marriage, international and national criminal law established criminal responsibility for the criminal act of forced marriage. It is about coercing another person to conclude a marriage against his freely expressed will or inciting the other person in order to do so. The paper analyzes relevant international documents and national (constitutional, family, criminal) law of the Republic of Serbia regarding the protection of the freedom of another person (especially minors) to enter into marriage.

CRIMINAL LAW PROTECTION OF CHILDREN IN THE DIGITAL ENVIRONMENT

Mile Šikman — 2026-05-02

: The dynamic development of modern technologies has brought new challenges to which the youngest users are particularly exposed, and these are certainly children. The risks and dangers to which they are exposed are multiplying much faster than criminal law protection is being achieved. Thus, initially, children were mainly exposed to criminal acts of sexual abuse and exploitation via the Internet, such as child pornography, then revenge pornography and similar criminal behaviors. Today, they are also victims of manipulation and abuse of personal data, exposure to harmful and dangerous content in the digital environment, and the subject of abuse and manipulation through artificial intelligence. The scope and prevalence of these behaviors is so wide that the question can be raised whether the existing incriminations in the Criminal Code of the Republic of Srpska can provide children with adequate protection in the digital environment. The subject of this paper has just been stated, in which we will first point out the dangers faced by children in the digital environment, and then present the existing criminal law provisions whose purpose is precisely to protect children.

FAMILY VIOLENCE AGAINST CHILDREN

Tamara Marić — 2026-05-02

Violence in the family or domestic violence is a very complex social phenomenon that affects not only individuals but also society as a whole. As such, it is widespread in all societies around the world, regardless of belonging to certain social classes or certain social characteristics. Given that the family is the basic cell of society and as such has a very significant role in the development of man and society in general, violence within the family circle, that is, within the circle of trust, is a much more serious offense compared to all other forms of violence, especially when children are involved. Domestic violence is clearly defined and sanctioned at the level of international legal standards and national legal solutions, especially when it comes to children, because children are always victims of violence in the family environment, regardless of whether it is directly aimed at them or not. The aim of this report is to analyze this complex social problem from the aspect of legal regulations that have a certain dynamic of their improvement in the last few years in order to enable in practice timely and effective response of all subjects of protection, especially from the aspect of protection of children as victims of domestic violence.

PROTECTION OF JUVENILES IN HUNGARIAN CRIMINAL LAW WITH SPECIAL REGARD TO DRUG-RELATED OFFENCES

Henrietta Németh-Kiss — 2026-05-02

The study examines the provisions of Hungarian criminal law concerning juveniles, with particular regard to drug-related offences. The authors outline the dogmatic foundations of criminal liability for young persons and emphasise the transitional nature of juvenile status between childhood and adulthood. The paper reviews the relevant international normative framework, especially the United Nations drug control conventions and the Convention on the Rights of the Child, and then analyses the provisions of the Hungarian Criminal Code that provide enhanced criminal law protection for persons under the age of eighteen. The analysis demonstrates that Hungarian criminal policy treats the protection of minors as a priority objective, particularly in relation to drug trafficking and the offence of inducing pathological addiction. These norms aim to prevent the exploitation of young people in the illegal drug market and to safeguard their physical and mental development.

ALTERNATIVE MEASURES IN JUVENILE CRIMINAL LEGISLATION OF MONTENEGRO

Darko Radulović — 2026-05-02

At the beginning of this century, juvenile criminal law in Montenegro underwent significant changes. All of these changes were aimed at improving the position of juvenile offenders, which resulted in the adoption of the Law on the Treatment of Juveniles in Criminal Procedure. This law synthesizes all the provisions on juveniles that were previously part of the Criminal Code, the Criminal Procedure Code, and the Law on the Enforcement of Criminal Sanctions. One of the important elements in this Law is alternative criminal law measures against juveniles – admonition and corrective order. These are criminal law measures sui generis. The enactment of these measures is the result of the legislator’s position that they should be the main instrument of reaction against juvenile offenders. The paper first presents some general considerations on the need to treat juveniles as perpetrators of criminal offenses differently from adults. This is followed by the criminal law aspect of the admonition and corrective order, and finally the procedural aspect, i.e. the application of the principle of opportunity of criminal prosecution.

EDUCATIONAL MEASURES UNDER THE DRAFT LAW ON JUVENILE OFFENDERS AND THE PROTECTION OF JUVENILE PERSONS IN CRIMINAL PROCEEDINGS

Biljana Borovčanin — 2026-05-02

This paper examines the proposed system of educational measures in Serbian juvenile criminal law. Starting from contemporary international standards, primarily the Convention on the Rights of the Child, the Beijing Rules, and relevant Council of Europe documents, the paper analyzes the theoretical foundations and purpose of criminal sanctions imposed on juveniles. Particular attention is devoted to the classification of educational measures into warning and guidance measures, measures of intensified supervision, and institutional measures, as well as to the criteria for their selection. The paper discusses the content of individual measures, their function within the system of juvenile justice, and the extent to which the proposed solutions are aligned with comparative European models. A separate part of the paper is dedicated to the enforcement of educational measures, with special emphasis on the role of guardianship authorities, courts, and institutions responsible for their implementation. The author concludes that the proposed model largely preserves the continuity of the existing system, while at the same time confirming the legislator’s commitment to an educational approach, individualization of sanctions, protection of juveniles’ rights, and limitation of institutional measures to cases in which they are strictly necessary.

BASIC CONCEPTUAL CHARACTERISTICS OF THE PLANNED MODIFICATIONS TO THE JUVENILE CRIMINAL LAW OF SERBIA

Milan Škulić — 2026-05-02

The paper explains the basic characteristics of the planned modifications of juvenile criminal law in a conceptual sense. In Serbia, for more than twenty years, the main source of positive juvenile criminal law has been the Law on Juvenile Perpetrators of Criminal Offenses and Criminal Protection of Juveniles. In the reformist Serbian context, which is characterized by constant and often extensive, even radically targeted amendments to a number of laws, including the most important legal sources of criminal substantive and procedural law (the Criminal Code and the Criminal Procedure Code), this law is an example of a "long-lived law", which has been "living" without any amendments or supplements since 2005, i.e. since January 2006, when its implementation began. Of course, there are reasons for amendments and supplements to that Law, just as that Law is not without certain legal and technical, and even some essential errors, but despite that, it is applied in practice without major problems. This is because the Law on Juvenile Perpetrators of Criminal Offenses and the Criminal Protection of Juveniles originated from normative solutions from the former Yugoslav juvenile criminal law, when substantive juvenile criminal law was regulated by the rules of the then Criminal Code, procedural juvenile criminal law by the provisions of the Law on Criminal Procedure, and executive juvenile criminal law by the norms of the Law on the Execution of Criminal Sanctions.

Even at the time when the Law on Juvenile Perpetrators of Criminal Offenses and the Criminal Protection of Juveniles was adopted, it was not a “radical” innovation, but the then new Law only improved most of the normative mechanisms that existed until then. Likewise, the planned modifications of Serbian juvenile criminal law, which arise from the Draft Law on Juvenile Offenders and the Protection of Juveniles in Criminal Proceedings, despite the fact that it is a planned completely "new" law, do not essentially represent any break with the previous tradition of Serbian juvenile criminal law, but rather basically represent a far-reaching reform of the existing juvenile criminal law, the main feature of which is that the previous concept, which represents a modified judicial model of criminal law reaction to juvenile crimes, is not abandoned, but within the framework of that concept, a significant improvement of the normative environment is planned, which also implies consistent protection in criminal proceedings of juveniles as injured parties, which boils down to further strengthening of important elements of the restorative justice model.

THE PRINCIPLE OF OPPORTUNITY OF CRIMINAL PROSECUTION IN PROCEEDINGS AGAINST JUVENILES AND THE DRAFT LAW ON JUVENILE OFFENDERS AND THE PROTECTION OF JUVENILE PERSONS IN CRIMINAL PROCEEDINGS OF THE REPUBLIC OF SERBIA (CRIMINAL-POLITICAL JUSTIFICATION OF EXP

Stanko Bejatović — 2026-05-02

The issue of the principle of opportunity of criminal prosecution in relation to juvenile offenders is analyzed in the paper from four aspects. The first aspect is a presentation of the normative framework regulating the issue of the principle of opportunism, the criminal-political reasons for its regulation and the necessity of its adequate application in public prosecutorial practice. This is followed by a normative, expert-critical analysis of the norms of the Law on Juvenile Perpetrators of Criminal Offenses and Criminal Legal Protection of Minors that concern all three types of the principle of opportunism in criminal prosecution of juvenile perpetrators of criminal offenses. The third aspect of the subject matter concerns the previous experiences in the application of the principle of opportunism in criminal prosecution of juvenile perpetrators of criminal offenses. Finally, there is the aspect of proposing new solutions for the normative elaboration of all three types of the principle of opportunity for criminal prosecution in the Draft Law on Juvenile Offenders and the Protection of Juveniles in Criminal Proceedings, within which special attention is paid to the issue of the criminal-political (un)justification of the proposed expansion of the scope of application of the principle to juvenile offenders. In addition, there are concluding considerations in which the key results of the expert-critical analysis of the subject matter are summarized and the author's proposals de lege ferenda for improving the normative framework and practical application of the principle of opportunity for criminal prosecution to juvenile offenders.

THE PRINCIPLE OF OPPORTUNITY IN JUVENILE CRIMINAL LEGISLATION OF THE REPUBLIC OF SRPSKA

Veljko Ikanović — 2026-05-02

In the criminal law and judicial system of modern states, children have a special position and treatment. It is primarily the result of the general development of society, but also the implementation of recommendations contained in international documents. This is done to avoid the negative consequences that formal criminal proceedings have on the formation of the child's personality. This is achieved by introducing alternative sanctions and informal forms of treatment of minors. 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. The subject of this paper is the application of the principle of opportunity of criminal prosecution in proceedings against minors. The application of this principle to minors in our criminal procedural legislation has a long tradition, which is also reflected in the provisions of the current juvenile criminal legislation. The practical application of this principle is most important in the preparatory procedure and during the execution of the sentence and educational measure. Systematic treatment of this matter requires specifying the basic characteristics and advantages of alternative forms of treatment of juvenile offenders (children in conflict with the law) with reference to the most important international documents and individual foreign legal solutions. Systematically treating this issue, the author in the paper lists the basic characteristics and advantages of applying the principle of opportunism, referring to international provisions and comparative legislation.

CRIMINAL PROCEEDINGS AGAINST MINORS IN THE RUSSIAN FEDERATION

Miodrag N. Simović — 2026-05-02

Criminal proceedings against minors in the Russian Federation are characterized by the specificity compared to regular proceedings, which is explained by the need for additional protection of the rights of minors. At the same time, the valid laws are not always systematic, certain provisions are in contradiction with each other and with the general provisions of the criminal procedure law. Such a situation makes it difficult to apply the law and violates its equality and leads to the adoption of different decisions.

From the point of view of the systematicity of criminal procedural norms, the paper examines, among other things, those related to the concept of minors, peculiarities that determine the conduct of the proceedings in relation to minor suspects, that is, the accused persons, which differs from general criminal proceedings; circumstances to be determined in the framework of the procedure against minors; participation of a legal representative; the specificity of the application of criminal procedural coercion measures to them; conducting of investigative actions; the implementation of investigative actions and the termination of criminal proceedings, along with the application of coercive educational measures and decisions made by preliminary investigation bodies and courts in relation to minors.

The aim of the research is analysis of the criminal prosecution procedure in cases of minors from the point of view of its balance and structural stability. This implies the application of law-provided peculiarities of investigation and judicial review of criminal offenses committed by minors. In addition, it is required to possess skills in the context of evidence in cases of minors, the application of criminal coercion measures against them, and the implementation of investigative and judicial actions in relation to them.

CONSTITUTIONAL GUARANTEES OF JUVENILES IN CRIMINAL PROCEEDINGS: PROCEDURAL SAFEGUARDS AND HUMAN RIGHTS STANDARDS

Veljko Turanjanin — 2026-05-02

The protection of juveniles in criminal proceedings represents a central issue at the intersection of constitutional law, criminal procedure, and international human rights law. Children involved in criminal justice systems are particularly vulnerable and therefore require procedural safeguards adapted to their age, maturity, and psychological development. This paper examines the constitutional and human rights foundations of procedural protections for juveniles in criminal proceedings within the European legal framework. The analysis focuses on several key questions: the influence of constitutional principles on criminal procedure when the defendant is a minor; the procedural safeguards required by international human rights instruments; the interpretation of fair trial guarantees in cases involving juveniles by the European Court of Human Rights; the contribution of Directive (EU) 2016/800 to the harmonisation of procedural safeguards within the European Union; and the practical challenges associated with the implementation of these standards in national legal systems.

The paper first explores the constitutional foundations of juvenile justice, including the principles of fair trial, proportionality, and the best interests of the child. It then analyses core procedural safeguards such as the right to legal assistance, adaptation of proceedings to the needs of minors, protection from detention, and effective participation. Particular attention is devoted to the jurisprudence of the European Court of Human Rights and the case law of the Court of Justice of the European Union interpreting Directive 2016/800. The article concludes that although European legal instruments have significantly strengthened the protection of juvenile defendants, important challenges remain in ensuring effective implementation of these safeguards in practice. Strengthening constitutional guarantees, improving professional training, and enhancing child-friendly procedural mechanisms are essential for ensuring that criminal proceedings involving juveniles comply with the highest standards of human rights protection.

RIGHTS OF MINOR VICTIMS WITNESSES - CHALLENGES OF HARMONIZATION WITH EUROPEAN UNION LAW

Aleksandar Faladžić — 2026-05-02

The work of witness support services at the courts and prosecutor's offices in Bosnia and Herzegovina, primarily with victims of criminal offenses, is a key instrument for achieving justice for victims and enables victims to exercise their rights more easily. If the state wants to obtain quality testimony, it is obliged to guarantee the right of the witness to testify freely without fear of possible negative consequences that may arise from truthful testimony. In accordance with international standards, states are responsible for suppressing, investigating and prosecuting all forms of violations of human rights and freedoms provided for by international law.

This obligation also applies to criminal offenses in which minors are harmed because it violates their basic human rights and freedoms. Violence against minors is not only a widespread social problem that harms individuals, families and society as a whole, but is also a particularly socially dangerous criminological phenomenon. As such, it requires not only decisive social condemnation and prevention, but also unrelenting social disapproval and an equally strong response from both the police and the justice system as a whole. Although witnesses have a legal and civic 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 sensitivity refers to children's vulnerability due to cognitive, emotional and social immaturity, which makes their psychological capacities unresistant to external influences.

Establishing support services for witnesses, primarily victims of criminal offenses, is a key instrument for achieving justice for victims and enabling victims to demand the exercise of their rights. The provision of professional assistance by witness support services also avoids secondary victimization of victims in criminal proceedings.

Directive 2012/29/EU on the establishment of minimum standards, rights, support and protection of victims of criminal offenses places significant emphasis on the victim's right to information and defines the obligations of EU member states to regulate national criminal legislation in such a way that each victim receives the necessary amount of information about their rights and position in criminal proceedings. States that aspire to EU membership have the obligation to adopt the acquis communitare, and thus the obligation to implement the Directive in their national legislation. This paper will deal with types of support for minor witnesses, victims of criminal offenses in criminal proceedings in Bosnia and Herzegovina and normative compliance with Directive 2012/29/EU.

BEYOND THE NORM: SPECIAL TREATMENT OF CHILDREN AND THE REALITIES OF THE HUNGARIAN CRIMINAL JUSTICE SYSTEM

Vince Vári — 2026-05-02

The Hungarian criminal procedure law, which came into force in 2018 (Act XC of 2017), ambitiously restructured the procedural situation of children and vulnerable individuals by consolidating previously fragmented regulatory norms into the unified legal institution of "special treatment" (különleges bánásmód). This theoretical and socio-legal study examines the multi-level regulatory framework of child protection within the Hungarian criminal justice system, focusing on the intersection of domestic procedural codes, international child-friendly justice standards, and everyday law enforcement practices. By analyzing the structural transition from victimological concepts to procedural rights, the paper highlights the persistent gap between normative ideals and practical implementation. The findings indicate that while significant infrastructural advancements have been achieved—such as the widespread deployment of audiovisual recording facilities—the heavy reliance on the discretionary judgment of investigating authorities often limits the consistent application of child-protective measures. The study concludes that achieving a genuinely child-centred justice system requires moving beyond discretionary options by introducing mandatory, targeted training for law enforcement professionals, enhancing prosecutorial oversight, and establishing strict procedural consequences (such as exclusionary rules) for the failure to apply necessary protective measures.

IDENTITY BETWEEN PROPOSALS TO IMPOSE A CRIMINAL SANCTION ON A MINOR AND COURT DECISIONS IN CRIMINAL PROCEEDINGS AGAINST MINORS IN THE REPUBLIC OF SERBIA

Mladen Jeličić — 2026-05-02

In the paper, the author discusses the important criminal procedure institute of the identity of the verdict and the accusation, that is, the proposal to impose a criminal sanction on a minor and the court's decisions in criminal proceedings against minors. In the introductory discussions, a brief overview of the specifics of criminal proceedings against minors is given and the different regulation of the issue under consideration in regular criminal proceedings and proceedings against minors is pointed out. Then, the identity of the verdict and the accusation in the general criminal procedure is discussed, and then in minors criminal proceedings, with a focus on the relationship with the concept of the Code of Criminal Procedure. The procedural forms of decision-making in minors criminal proceedings that are manifested through the panel session and the main hearing are analyzed, in order to find an answer to the question of whether deviation from the factual identity of the act can also occur in the panel session, and not only at the main hearing. The author's opinion is that under certain circumstances and in a panel session, the panel for minors may deviate from the factual identity of the act. The author concludes that this legal solution unjustifiably places minors in a worse position than adult perpetrators of criminal acts and that in future amendments to the law or in a new law, this solution should be likened to the solution in general criminal procedure. In the event that such legal regulation is retained, as another specific feature of minors criminal proceedings, the author believes that this institute should be uniformly regulated and explicitly prescribed that it can also be applied in a panel session.

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

Filip Novaković — 2026-05-02

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.

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

Bojana Jeremić — 2026-05-02

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.

STATISTICAL INDICATORS OF CRIMINAL OFFENCES COMMITTED BY JUVENILES IN THE REPUBLIC OF SRPSKA (2015-2025)

Ljubinko Mitrović — 2026-05-02

In addition to the importance of studying the etiology of juvenile delinquency, the complexity of the phenomenon of juvenile delinquency itself is also reflected in its manifestations, i.e. the phenomenology that needs to be regularly pointed out through scientific research. The field of juvenile delinquency, as well as crime in general, can be roughly divided into those that focus on the phenomenology of delinquent behavior, the etiology of such behavior, prevention and treatment, and those that are aimed at evaluating various treatment activities for perpetrators of criminal acts. Knowledge of the phenomenology itself allows us to gain insight into the diversity and incidence of this phenomenon. By pointing to the general trend of growth in juvenile crime or the increase in the prevalence of crimes committed by juveniles with elements of violence, it can indicate the importance of reviewing existing models of social reaction and the efficiency of the juvenile justice system. Therefore, in this paper, the authors will present statistical indicators of crimes committed by juveniles in the Republic of Srpska for a period of 11 years, from 2015 to 2025.

PROTECTING CHILDREN FROM SEXUAL ABUSE THROUGH DIGITAL TECHNOLOGIES

Marina M. Simović — 2026-05-02

The digital environment has the potential to provide children with incredible possibilities. In this regard, the growth of e-mail, social networks, online messaging, online games and video streaming applications reflects the increase in reported and confirmed cases of sexual exploitation of children and adolescents on the Internet. As access to and use of the Internet continues to grow, one must remain vigilant about opportunities for online sexual exploitation of children. During the COVID-19 pandemic, the shift to a more virtual world has increased the use of Internet by children, limited online safety supervision, and reduced children's access to trusted adults who are often key to identifying and reporting abuse.

Awareness must be raised and preventive solutions developed for these threats. Competent state authorities are important practitioners of preventive activities, education and advocacy throughout the whole life and can play a key role in protecting children and teenagers from this relatively new threat. The first step in stopping online sexual abuse of children is understanding what it is, whom it affects, and how to be safer online.

The UN Committee on the Rights of the Child has confirmed that meaningful access to digital technologies can help children realize the full spectrum of their rights. Children use the Internet to learn, connect with others, and express themselves in ways that previous generations could only imagine. Digital technology is an integral part of the everyday life of many children. On the other hand, online sexual exploitation of children refers to the use of technology for sexual exploitation or causing harm to a person under the age of 18. This phenomenon has become more common in recent years due to increased access to the Internet in households, increased use of smartphones among children and teenagers, as well as the rapid expansion of new technological platforms such as live streaming and gaming.

Despite its risk and frequency, this form of sexual abuse of children is mostly underrepresented in the literature. This paper aims to define online sexual exploitation of children, to investigate its consequences, and to identify related risk factors and emphasize the key role of competent authorities in its prevention and suppression. By shedding light on this issue, the aim is to respond to the crucial need to protect the well-being of children and adolescents in a more digital time.

JUVENILE CRIME IN THE DIGITAL ENVIRONMENT – READINESS OF FUTURE LAWYERS FOR NEW CHALLENGES

Nenad Bingulac — 2026-05-02

Juvenile delinquency is a special area of criminal law that is traditionally based on the principles of protecting child development, educational sanctions and special prevention. However, in conditions of intensive digitalization of society, there is a significant transformation of the forms of juvenile delinquency, with the digital environment becoming a new space for the manifestation of illegal behavior. The Internet and social networks enable the emergence of specific forms of crime such as cyberbullying, abuse of digital identity, online fraud and unauthorized distribution of content, deepfake content, which poses new challenges to modern criminal law.

The paper aims to analyze the concept and characteristics of juvenile delinquency in the digital environment, as well as the adequacy of the existing criminal law response to new forms of juvenile delinquency. Special attention is paid to the specificities of the digital space, which are reflected in the anonymity of perpetrators, the transnational nature of illegal acts and the increased risk of victimization of children and young people. The paper is based on a normative and criminological analysis of contemporary trends in juvenile delinquency, with a focus on international standards for the protection of children's rights and the development of preventively oriented response models.

In addition to the theoretical and normative analysis, the paper also contains an empirical segment based on a survey conducted among fourth-year students of the Faculty of Law for Business and Judiciary in Novi Sad, with the aim of examining the perceptions of future lawyers about the prevalence, causes and criminal law treatment of juvenile delinquency in the digital environment. The results obtained indicate that the respondents recognize the growth of digital forms of delinquency, with attitudes that emphasize preventive and educational measures in relation to repressive punishment mechanisms dominating.

The digital environment requires an interdisciplinary approach within juvenile criminal law, which involves harmonizing legislation, education and preventive policies. The views of future lawyers are an important indicator of the direction of development of criminal law policy in the field of child and juvenile protection in the conditions of a digital society.

RESOCIALIZATION AND RE-EDUCATIONAL TREATMENT OF JUVENILE OFFENDERS – BETWEEN IDEAL AND REALITY

Nebojša Macanović — 2026-05-02

One of the pressing problems of Bosnian and Herzegovinian society is the delinquent behavior of young people, which is becoming a symbol of growing up in a dysfunctional society and a subculture that young people are increasingly accepting. Violent behavior, criminal acts, the need to be in the company of older criminals, drug and alcohol consumption, and dropping out of regular schooling are just some of the accompanying phenomena of delinquent behavior of young people. A disturbed value system and anomic society create ideal conditions for the development of behavioral disorders in children and young people. Juvenile delinquency is a phenomenon that is the result of inadequate socialization, upbringing, and the conditions in which a child grows up. However, when it occurs, it is necessary to apply the most effective educational measures in order to suppress and correct such behavior. In some situations when certain educational and corrective procedures, non-institutional programs and educational measures have not yielded positive results or when serious criminal offenses have been committed, minors are sent to a correctional home and a juvenile prison. In such institutions, the aim is to resocialize minor offenders, i.e. change their criminal attitudes and behavior, build an acceptable value system, complete primary education and vocational training. The aim of this paper is to point out certain shortcomings when it comes to institutional measures imposed on minor offenders, as well as the need to introduce more efficient institutional programs in order to make resocialization more successful.

FREQUENT AND INADEQUATE USE OF THE INTERNET - THE PATH TO DIGITAL VIOLENCE AMONG YOUNG PEOPLE (PSYCHOLOGICAL, PSYCHIATRIC AND LEGAL ASPECTS)

Nera Zivlak-Radulović — 2026-05-02

Introduction: Digital violence is behavior which is repeated with the aim of intimidating, embarrassing or angering a person, and it can take place through various forms of digital technologies.

The goal of the paper is to point out the frequency and increase of the problem of digital violence among young people with all the consequences we face, while considering the possibility of preventive action in this field.

The work method is a review of bibliographic databases on research in the field of digital violence.

Discussion: Psychological aspects caused by the frequent use of the Internet on the basis of the sensitive development period of puberty and adolescence introduce young people to numerous problems: possible development of Internet addiction, mental and physical consequences, neglect of school and family obligations, disrupted communication in the everyday real world and finally the risk of entering a vicious circle of violence caused by the use of digital technologies.

The two most important differences between traditional peer and digital violence are anonymity and the constant availability of the victim, which makes this type of violence potentially more dangerous. Internalizing problems in young people exposed to digital violence are accompanied by the development of mental consequences through loneliness, isolation, depression and can trigger very dramatic externalizing problems that can end with serious consequences for the victim's environment.

What represents the main problem with the implementation of any law and the punishment of the perpetrator is the fact that in some cases it is very difficult to prove that digital violence has occurred. The possibilities of preventing digital violence start with young people, parents and people involved in the educational process. Recommendations for good, preventive programs emphasize the need to modify classic programs for the prevention of traditional peer violence by including the digital context and its specificities.

EMPLOYER'S MINOR LIABILITY FOR RESTRICTING THE RIGHTS OF A MINOR EMPLOYEE FROM THE EMPLOYMENT RELATIONSHIP

Jasmina Bešlagić — 2026-05-02

Labor legislation is a protective legislation, whereby regulations in the field of labor law seek to protect the "weaker" subject of the employment relationship - the employee. The reason for this concept in the approach to creating regulations in the field of labor law has its roots in the industrial revolution, which was primarily a labor revolution, and during which workers fought and won for their elementary rights from the employment relationship - the right to adequate wages for work, the right to limit the number of working hours, the right to rest and other similar rights. However, general legal norms that protect the rights of employees from the employment relationship are sometimes not enough to protect those groups of workers who, due to their specific characteristics, are particularly vulnerable. Therefore, labor legislation recognizes special categories of employees to whom it provides additional protection, such as female workers in the context of maternity protection, parents, guardians, persons with disabilities or altered work capacity, as well as minor employees. This paper analyzes the provisions of labor legislation that specifically protect minor employees, with a special focus on the employer's misdemeanor liability for violating these provisions.

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

Gorica Sekulić — 2026-05-02

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.