ZBORNIK RADOVA CENTRA ZA EDUKACIJU SUDIJA I TUŽILACA RS

EDUCATIONAL ORDERS AS NON-INSTITUTIONAL CRIMINAL LEGAL MEASURES OF REACTION TO JUVENILE DELINQUENCY (CRIMINAL AND POLITICAL REASONS FOR REGULATION, NORMS AND EXPERIENCES OF IMPLEMENTATION IN REPUBLIC OF SERBIA)

Stanko Bejatović — Sun, 28 Apr 2024 00:00:00 +0200

The process of reforming juvenile criminal law in the Republic of Serbia began with the adoption of the 2005 Law on Juvenile Offenders and Criminal Protection of Juveniles. It is a legal text which, quite justifiably, regulates the criminal law issues of juvenile offenders in a special way and not within the framework of the CC, CPC and ZIKS. There are numerous novelties brought about by this legal text, and 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. It is about sui generis criminal law measures. The legalization of this category of criminal measures of reaction to juvenile delinquency is the result of the completely correct attitude of the legislator that non-institutional measures and sanctions (educational orders, warning and guidance measures and measures of increased supervision) 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, it still, when it comes to educational orders, has not been implemented in practice to the desired extent. Not only do we have an unreasonably small number of implemented educational orders, but there is also stagnation in their implementation. There are not a few reasons for this state of practical application of this category of measures. Among them, two stand out. First, we still do not have the presence of a permissible level of awareness among those who decide on the application of educational orders about their importance as an instrument of reaction to juvenile delinquency; Second, the incompleteness of the normative framework for the implementation of educational orders. The case, first of all, with the Rulebook on the implementation of educational orders, which is supposed to resolve, among other things, the issue of mutual cooperation between the subjects of its practical implementation, which, even after eighteen years of implementation of the ZMUD, has not been adopted. Bearing in mind the number of criminal and political reasons that speak in favor of this measure, it is necessary to provide all the preconditions for the desired degree of its practical application, which is not currently the case.

CRIMINAL PROTECTION OF MINORS AGAINST PORNOGRAPHY

Dragan Jovašević — Sun, 28 Apr 2024 00:00:00 +0200

In modern criminal law, special attention is paid to the protection of children and minors from various forms of abuse, especially in the area of sexual freedom. Thus, in certain legislations, criminal offenses that protect the sexual freedom of children and minors are systematized in a separate group, while in the largest number of legislations, such criminal offenses are prescribed in the same place, in the same group with other criminal offenses that are aimed at protecting the sexual freedom of adults. or persons with specific characteristics such as: infirm persons, blood relatives, etc. In addition to other criminal acts against sexual freedom, in the Republic of Serbia, as a specific form of sexual exploitation of minors, there is a criminal offense that prescribes criminal liability and punishment for creating, possessing or showing pornographic material with minors. This work is about the concept, elements, content, characteristics and forms of manifestation of the criminal offense of "child pornography" in the law of the Republic of Serbia.

INTENSIFIED SUPERVISION AND ITS IMPLEMENTATION IN CRIMINAL PROCEEDINGS AGAINST JUVENILES

Ljubinko Mitrović, Sonja Tomašević — Sun, 28 Apr 2024 00:00:00 +0200

In February 2010, the first and heretofore the only juvenile law fully titled the Law on Protection and Treatment of Children and Juveniles in Criminal Proceedings in the Republic of Srpska was adopted. According to this legislation, a system of alternative measures and criminal sanctions is being imposed on juvenile perpetrators of criminal offenses in the Republic of Srpska (the same case is with other two juvenile laws in Bosnia and Herzegovina, i.e. the juvenile legislation of the Federation of Bosnia and Herzegovina and the Brčko District of Bosnia and Herzegovina) and it consists of: 1. alternative measures: a) police warning and b) educational recommendations and 2. criminal sanctions: a) educational measures, b) juvenile prison sentence and c) security measures.

In practice, the educational measures are by far the most applied category of criminal sanctions, and the most applied among them is intensified supervision. Intensified supervision, provided for by our legislation in three manners, (by parents, adoptive parents or guardians; in another family or by the competent guardianship authority) is not a novelty like some other educational i.e. alternative measures in the juvenile criminal legislation of the Republic of Srpska, but they are a separate, an independent type of educational measure, which come after the measures of warning and guidance and before the most difficult, institutional educational measures. This paper discusses precisely the educational measure of intensified supervision and its application in proceedings against juveniles.

THE POSITION OF MINORS IN THE SUBSTANTIVE CRIMINAL LAW OF THE REPUBLIC OF SERBIA

Dragana Kolarić — Sun, 28 Apr 2024 00:00:00 +0200

Analysing the position of minors in the criminal substantive law of Serbia, the author makes concrete proposals for improving the position of minors as victims and defendants both in the Criminal Code and in the Law on Juvenile Offenders and Criminal Protection of Minors. The intense reform efforts expressed in the last period should, in the author’s opinion, overcome particular changes and lead to the adoption of a new Law on Juvenile Offenders and Criminal Protection of Minors. Also, it is necessary to improve some provisions of the Criminal Code and regulate the institutes that exist in practice, as the doctrine says a lot about them, but they do not have their place in positive criminal substantive law. The author divided the discussion into two problem sections. One is the analysis of the position of minors as defendants (age limit for the responsibility of minors for criminal acts, the responsibility of other persons for criminal acts committed by children, as well as aspects related to the purpose and system of sanctions for minors) and the other is the enhanced protection of minors as injured parties in the general and special part of the Criminal Code. An integral part of the work is the analysis of the provisions of the most important international and regional legal instruments in this area and the practice of the Constitutional Court of Serbia when it comes to injured minors as applicants of constitutional appeals.

EXTRAMARITAL UNION WITH A JUVENILE, AS A SPECIFIC FORM OF CRIMINAL LAW PROTECTION OF MINORS

Miodrag N. Simović, Vladimir M. Simović — Sun, 28 Apr 2024 00:00:00 +0200

All modern criminal legislations in the incrimination system pay special attention to the protection of personal property in general (human rights and freedoms), and among them the protection of the personality of children, i.e. juveniles, stands out. This is also logical because this is a particularly sensitive category of persons whose enhanced criminal law protection is based on relevant universal or regional international standards. In addition to criminal offenses that protect sexual freedom of juveniles through criminal sanctions, the criminal legislation of the countries of the region also distinguishes specific criminal offenses that protect the personality of juveniles from establishing or maintaining an extramarital union or extramarital relationships that also endanger or violate sexual freedom in a specific way, sexual honor, or sexual dignity of juveniles. The paper analyzes the elements, content, characteristics, and forms or types of manifestation of the criminal offense of extramarital union with a juvenile in the positive criminal legislation of the countries of the former SFRY.

HISTORICAL AND LEGAL OVERVIEW OF THE LEGAL POSITION OF DELINQUENT YOUNG PEOPLE IN OUR COUNTRY

Miomira P. Kostić, Marina M. Simović — Sun, 28 Apr 2024 00:00:00 +0200

The history of criminal protection and child responsibility in our country can only be judged on the basis of preserved legal monuments. The most significant preserved legal monument of the Middle Ages in the Serbs was Dušan's Code, which does not contain provisions that would explicitly indicate special rules on the protection, responsibility and punishment of minors. Only in the second half of the 19th century, in May 1847, an amendment to the Penal Code for burglary and theft was adopted in Serbia, which for the first time precisely distinguishes the category of juvenile offenders. According to the Criminal (Penal) Code for the Principality of Serbia from 1860, being a minor was a circumstance that excluded sanity. The physical and psychological integrity of the child was protected by a series of incriminations against infanticide, abortion, sexual offenses and child abuse and neglect. The Criminal Code of the Kingdom of Yugoslavia from 1929 divided all perpetrators of criminal acts up to the age of twenty-one, when they reach the age of majority, into several categories. This Code expanded the range of provisions on child protection.

After the end of the Second World War, children began to enjoy protection from all criminal offenses on an equal basis with adults. Nevertheless, certain forms of specific criminal law protection of children against criminal acts that attack or threaten the specific goods and interests of children, related to their age, are prescribed. According to the general part of the Criminal Code from 1947, it was stipulated that perpetrators under the age of fourteen are not criminally responsible for the committed crime. The most significant changes in the position of juvenile delinquents in our criminal law were made by the Law on Amendments to the Criminal Code from 1959. According to the basic provisions of the Criminal Code of Serbia and Montenegro from 1976, the age limits established by the Law on Amendments and Supplements to the Criminal Code from 1959, as well as the rules on the type of criminal sanctions that can be imposed on juvenile delinquents, have been retained. Since 2005, in the Republic of Serbia, special juvenile criminal legislation and the Law on juvenile offenders and criminal protection of minors have been in force.

CRIMINAL-POLITICAL ACCEPTABILITY OF LOWERING MINIMUM AGE OF CRIMINAL RESPONSIBILITY

Ivan Đokić — Sun, 28 Apr 2024 00:00:00 +0200

Although in principle it can be said that the criminal acts of persons who have not reached the required age for responsibility in criminal law do not pose a serious threat to public order, from time to time society encounters serious crimes committed by minors who, due to their age, are without regardless of the state of mind and the development of intellectual and voluntary abilities, completely outside the domain of criminal law intervention. Therefore, the question arises whether the criminal law needs a radical reform and possible lowering of the minimum age of criminal responsibility.

The argument put forward by the authors who are in favor of lowering the minimum age of criminal responsibility is based on the fact that children nowadays are much more physically and mentally mature and can already understand the nature of their actions at an early age. However, the latest achievements in medicine and psychology support the view that the limit of criminal responsibility should not be lowered. Biological and psychological research has established that the prefrontal cortex of the brain is closely correlated with reasoning, i.e. it is associated with an individual's ability to make thoughtful and conscious decisions, and it is fully developed only in the mid-twenties.

Even if one accepts the position that the limit of criminal responsibility needs to be lowered, the question is what will be truly achieved in that way, if it is taken into account that the criminal sanctions imposed on juvenile offenders are in their essence and purpose very close to the measures used in areas of social protection in relation to minors. Such a possible change in the legislation, although it seems far-reaching at first glance, would be purely cosmetic in nature and would not make much sense.

Only if the intention is to enable the application of the sentence of juvenile prison in relation to extremely young persons, which in the light of the standards reached on European soil and in our post-war criminal history would represent a serious step backwards and the revival of long-overdue barbaric principles of punishment. However, despite this, given that criminal legislation cannot be applied retroactively, any changes that would eventually occur in this sense, for a specific case that stimulated professional and scientific discussion, would not have any significance.

LEGAL AND ILLEGAL TERMINATION OF PREGNANCY WITH SPECIAL REFERENCE TO YOUNG WOMEN

Nedeljko Stanković, Albina Fazlović, Begzudin Ahmetović — Sun, 28 Apr 2024 00:00:00 +0200

Termination of pregnancy is prohibited by law, except in exceptional cases prescribed by the law regulating the conditions and procedure for termination of pregnancy. Any termination of pregnancy that is carried out contrary to that law is punishable under the criminal law. In Bosnia and Herzegovina, even underage girls can terminate a pregnancy under certain conditions. In practice, it has been shown that many underage girls do this, even those under 14 years old. The aim of this article is to point out the legal distinction between permitted and illegal, i.e. illegal termination of pregnancy, as well as the position of pregnant women of a younger age, especially minors, when it comes to termination of pregnancy. In this article we used the method of analysis of regulations, statistical data, comparative legal solutions, and we also carried out research by surveying. In the end, we formed a conclusion on the basis of the

MINORS AS PERPETRATORS AND VICTIMS OF CRIMINAL OFFENSES IN THE JUVENILE CRIMINAL LEGISLATION OF MONTENEGRO

Darko Radulović, Dijana Radulović — Sun, 28 Apr 2024 00:00:00 +0200

Juvenile criminal legislation of Montenegro has experienced important changes in the last ten years. Special criminal and legal status of juveniles as perpetrators of criminal offences is additionally emphasized by adoption of the Law on Treatment of Juveniles in Criminal Proceedings in 2011, starting from substantive provisions of this Law, throughout its procedural provisions to provisions of enforceable type. In this Paper we have examined several questions. First, we present some general considerations on principle necessity to treat differently juveniles as perpetrators of criminal offences in comparison to adults where we have also addressed some important international documents as sources of modern legislations from this field. Then we looked at the question of the minor perpetrator of the criminal act in the substantive, procedural and executive juvenile criminal legislation. In accordance with the legal framework, we devoted more space to this issue, but we devoted a certain proctor, according to the title of this paper, to a minor as a victim of a criminal act.

CONDITIONAL RELASE OF JUVENILE PERPETRATORS IN THE LEGISLATION OF THE REPUBLIC SRPSKA

Igor Petković — Sun, 28 Apr 2024 00:00:00 +0200

Interest in the status of minors in criminal law does not wane and not exclusively related to the obligations undertaken by national legislation through accession to conventions dealing whit the position of this category of offenders. The real events that marked the third decade of this century in the regional area actualized the issue of the age limit of juveniles subject to criminal responsibility. This type of polemic brought to the surface a significant number of legal issues related to the status of juvenile offenders.

In this paper, we will analyse the provisions related to the conditional release of juvenile offenders in criminal legislation of the Republic Srpska.

CHILD LABOR AS A FORM OF EXPLOITATION OF CHILD VICTIMS OF HUMAN TRAFFICKING

Jasmina Bešlagić — Sun, 28 Apr 2024 00:00:00 +0200

Child labor is the work of a person under the age of 18. However, modern labor legislation also allows to work persons below the specified age, and above 15 years of age, on the condition that such a person voluntarily agrees to work, that the type of work and tasks he performs does not affect his psycho-physical development, as well as the process of his compulsory and regular education, and with the consent and under the supervision of his parents or guardians.

Nevertheless, persons under 18 and often under 15 years of age, are forced to work without fullfilling the above conditions, and are often employed as victims of criminal acts, and human trafficking is one of them. Human trafficking is a criminal offense that specifically threatens the legal order of a country and its vital social values. However, all forms of human trafficking do not carry with them the same degree of social danger, and therefore do not represent the same risk, threat or danger to the security and stability of the state, society or individual. It is precisely child labor that is part of a chain or occurs as a result of human trafficking that poses a particular danger to the state and its legal order, primarily due to the harmful consequences that in the long term impair public health and national security.

THE BASIC FORMS OF CRIMINAL JUSTICE RESPONSE TO JUVENILE DELINQUENCY IN DOCTRINAL AND COMPARATIVE LEGAL PERSPECTIVE

Milan Škulić, Ivana Stevanović — Sun, 28 Apr 2024 00:00:00 +0200

When individuals from the youngest demographics commit crimes, it always attracts much greater attention and is viewed as a distinct social problem or a legal issue that is consistently under intense scrutiny. This ranges from insignificant newspaper headlines dedicated to specific cases of juvenile delinquency to the conduct of numerous sociological, criminological, psychological and other studies on the phenomenon of juvenile delinquency. Frequently, this leads to harmful sensationalism in the mass media and a kind of superficial trend in academia, regarding theoretical discussions on this form of delinquency. On the other hand, it is logical that both society and the legal system pay increased attention to juvenile delinquency, because its consequences, viewed in the long term, can be potentially very serious, often regardless of the severity of the crime in a particular case.

The beautiful thought that a child is father of the man explains the essence of growing up and maturing, but it also points out the danger that arises when the legal system does not react adequately to juvenile delinquency, as such a "child" then grows into an adult who is far more dangerous to society as a perpetrator of crimes. Consequently, our new "juvenile criminal law" – substantive, procedural and executive, must strive for a delicate balance. It should preserve effective and established norms while also rectifying evident shortcomings and deficiencies.

The classification in the juvenile justice system and forms of basic legal or criminal justice responses to juvenile offenders, based on various models, is not only derived from normative analysis of different criminal systems in comparative law. It also fundamentally arises from certain theoretical concepts found in a range of studies focused on the criminal procedural aspects of juvenile delinquency.

It is crucial to recognize that certain procedural model usually comes with more or less specific substantive legal rules applied to juvenile offenders within that model. This can include varying types of sanctions and measures applied to minors (for instance, mediation is typical for a minimal intervention model, while fines and other "severe" penalties are typical in a non-corrective model). Additionally, there are legal provisions that may encompass not just criminal acts, but also antisocial behavior within a particular juvenile procedure. This feature is particularly notable in the participatory and non-corrective models.

In today's context, juvenile procedure and juvenile justice systems commonly are characterized by the predominance of elements from one of the theoretically conceived models and corresponding elements from one or more other models of juvenile justice. Such is the case with our juvenile justice system, including the substantive and procedural criminal law of Serbia which applies to juvenile offenders. Based on its dominant features, the juvenile justice system in Serbia, including procedures for juveniles, as well as the system of criminal sanctions and the application of other measures, predominantly represents an appropriate combination of protective and justice models. More precisely, according to many of its elements, our system shares significant similarities with a modified judical model across various aspects. This is particularly noticeable because the juvenile procedure is fundamentally structured as a criminal procedure, despite not being formally or terminologically labeled as such. However, it deviates from traditional criminal procedural rules in numerous ways. On the other hand, the mechanisms for applying the principle of prosecutorial discretion are inherently an expression of the principle of minimal intervention, which is the basic characteristic of the minimal intervention model. Moreover, when the decision not to prosecute juvenile offenders or the termination of a previously initiated procedure against them, is conditioned on fulfilling certain obligations related to reconciliation with the victim or involves mediation, our system exibits elements of restorative justice or a restorative model.

RЕGULAR LEGAL REMEDIES IN CRIMINAL PROCEEDINGS AGAINST MINORS IN THE REPUBLIC OF SRPSKA

Mladenka Govedarica — Sun, 28 Apr 2024 00:00:00 +0200

The right to a legal remedy appears as a fundamental right of every person against whom criminal proceedings have been conducted and concluded. In addition to the constitution, this right is provided for by a number of international documents, such as the European Convention on Human Rights and Fundamental Freedoms in Article 2 of Protocol 7, and the International Covenant on Civil and Political Rights in Article 14, paragraph 5, which proclaim the right of a person to submit legal remedy against court decisions (beneficium appelationis). In addition to these documents that treat the legal remedy as a fundamental right of every human being, there are also international documents that exclusively regulate the issues of criminal procedure against minors, and therefore the issue of the right to institute a legal remedy. Thus, the Beijing Rules, with its rule 7, clearly establish the rights of minors, including the right to appeal to a higher instance, then, the Convention on the Rights of the Child in its Article 40, paragraph 2, point b) (V) establishes the right to have the decision reconsidered by a higher authority, competent, independent and impartial authority or judicial body in accordance with the law.

MANDATORY DEFENSE IN CRIMINAL PROCEEDINGS AGAINST MINORS AND THE PRESENCE OF A DEFENSE AT THE POLICE STATION

Veljko Turanjanin — Sun, 28 Apr 2024 00:00:00 +0200

In the paper, the author examines the issue of mandatory defense in criminal proceedings against juvenile offenders, primarily during hearings at the police station, from the point of view of the criminal procedural legislation of the Republic of Serbia, with an analysis of the standards set in the jurispridence of the European Court of Human Rights. The author starts from the principle of the best interest of the child in criminal proceedings, which should be explicitly recognized in Serbian legislation, after which he moves on to the central aspect of the work, i.e. develops standards related to mandatory defense in criminal proceedings. Finally, the author provides concluding remarks, along with appropriate suggestions for future practice.

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

Aleksandar Faladžić — Sun, 28 Apr 2024 00:00:00 +0200

In accordance with international standards, Countries are responsible for preventing, investigating and criminally prosecuting all forms of human rights violations. This obligation also applies to domestic violence because it also violates basic human rights. 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.

THE POSITION OF JUVENILE AS AN INJURED PARTY IN CRIMINAL PROCEEDINGS

Gordana Krstić — Sun, 28 Apr 2024 00:00:00 +0200

This paper analyzes the procedural position of juvenile as an injured party, which is specific due to the insufficient physical, psychological and emotional maturity of this category of witness, but also due to the severity of the consequences that affect him. Competent authorities, and especially the public prosecutor before whom the juvenile injured party gives a statement for the first time, which is used as evidence in criminal proceedings, must express a professional, but also a protective attitude towards the juvenile, in order to ensure a clear, realistic and reliable statement and to eliminate measures of secondary victimization. In this context, there are a number of legal instruments that guarantee the protection of the rights and treatment of the victim, such as: the mandatory appointment of a representative, the prohibition of confrontation with the defendant, the granting of the status of a especially vulnerable witness, etc. Their goal is to focus the proceedings on protection, help, support and attention to the victim, who was the victim of a serious crime, usually with elements of violence. It is also very important that criminal court also decide in judgement regarding property right claim in order to avoid the filing of a civil lawsuit and going through the judicial protection mechanism again. That is an effective way to exercise the rights of the juvenile victim and to fillfull implementation of international standards, which should be followed in future practice.

GUARDIANS OF JUSTICE: BALANCING RIGHTS AND PROTECTION IN THE EXAMINATION OF MINORS AND JUVENILE TESTIMONY IN CRIMINAL PROCEEDINGS

Filip Novaković — Sun, 28 Apr 2024 00:00:00 +0200

This paper explores the intricate balance between safeguarding the rights of minors and ensuring effective criminal justice in the examination of juvenile testimony within legal proceedings. Focused on the intersection of criminal law and juvenile justice, the study delves into the challenges and ethical considerations surrounding the interrogation and testimonial processes involving minors. The evolving landscape of juvenile criminal justice necessitates a nuanced approach that considers both the developmental vulnerabilities of young individuals and the imperative to uphold justice. The article addresses the fundamental tension between the rights of minors to fair treatment and the societal interest in uncovering the truth. The examination of minors in criminal proceedings requires a delicate balance, considering factors such as cognitive development, susceptibility to coercion, and the potential impact of trauma. The paper critically evaluates existing legal frameworks and proposes innovative strategies to enhance the protection of juvenile rights without compromising the pursuit of justice.

SOCIO-ECONOMIC ASPECT AND PERSONALITY OF JUVENILE AS DETERMINANTS OF JUVENILE DELINQUENCY

Jelena Dimovski, Darko Dimovski — Sun, 28 Apr 2024 00:00:00 +0200

Juvenile delinquency has long been neglected by the purveyors of scientific thought. The justification has been found in a low rate of return, ignoring the fact that the low rate of return of juvenile delinquency is an illusion, whereby a considerable number of adult offenders are recruited from juvenile delinquents. Therefore, it is necessary to pay special attention to the study of this phenomenon and its causes, especially to the analysis of criminogenic factors, which can ultimately affect its reduction by applying appropriate preventive measures. Following that, the authors deal with the criminogenic factors of juvenile delinquency, presenting them through exogenous and endogenous etiology.

JUVENILES AS PERPETRATORS OF CRIMINAL OFFENSES - CAUSES, FORMS OF MANIFESTATION AND PREVENTION

Velibor Bajičić, Mile Šikman — Sun, 28 Apr 2024 00:00:00 +0200

Juveniles as perpetrators of criminal acts represent one of the most important topics in criminology and criminal law in general. First of all, due to the fact that it is the most sensitive population that requires a different approach than adults. On the other hand, it is necessary to pay special attention to the problem of juvenile recidivism, because if the measures of prevention and repression of this behavior do not produce the desired result, then the conditions are created for their development into adult criminality. That is why it is of particular importance to determine the causes and conditions that favor the development of juvenile delinquency, then to determine the appearance and structure of the criminal acts they commit, and finally to define the directions for the prevention and repression of juvenile delinquency. In this sense, through the theories of imitation, learning and labeling, we will present an explanation of the causality of certain forms of juvenile delinquency, with special reference to violent crimes. At the end, we will point out the possible ways of preventing juvenile delinquency, taking into account both formal and informal social control.

CHILD PERPETRATORS AND VICTIMS OF MASS MURDER IN SCHOOLS

Nebojša Macanović — Sun, 28 Apr 2024 00:00:00 +0200

New generations of children and young people have different characteristics, needs, interests and attitude towards others compared to previous generations. Today, children under the influence of social networks live in a virtual world, living for instant gratification without empathy for others. The crimes they commit are much more brutal, aggressive and cold-blooded, and the perpetrators are often children under the age of 14. The anomie of society and the crisis of the value system, as well as numerous other exogenous and endogenous criminogenic factors influence the increase in juvenile delinquents. One of the main characteristics of such a society is the expansion of violence. Violence in schools is often linked to murders in schools. From individual case studies, we will see that the violence at school was in many cases only a preliminary stage of later mass murders. The goal of this paper is actually to look at the causes, but also the specific circumstances of various mass murders in schools, where the perpetrators are children. One of the specific goals is to identify the profile of the perpetrator, his motives and the reasons why he committed the murders, but also to recognize whether the system could have been more sensitive and considerate to recognize the problem and prevent such tragic events in schools and outside. In the paper, we will also talk about the victims of mass murders in schools and the circumstances that led to such tragic events.

POSSIBILITIES OF INSTITUTIONAL CARE FOR CHILDREN AND ADOLESCENTS AS PERPETRATORS AND VICTIMS OF CRIMINAL OFFENSES IN THE REPUBLIC OF SRPSKA

Nera Zivlak-Radulović — Sun, 28 Apr 2024 00:00:00 +0200

The ways of caring for children and adolescents as perpetrators and victims of criminal offenses are limited primarily by the specificity of this age period. Other aggravating circumstances are double roles that are found in them, they are often victims and then perpetrators of criminal offenses, and finally a need to work with this population both therapeutically and educationally. In accordance with this, we can say that our possibilities for care are limited, both with regards to personnel and institutionally. In preventive work, it is necessary to recognize the first signs of maladjusted behaviour, which are noticeable even in preschool age, and which is why it is important to strengthen professional competences of preschool age services. If the problem is not recognized at this age, there is a much greater possibility that delinquent behavior will occur in a more intense form at school age. Unfortunately, we have realized from dramatic examples that happened in school environments, that seemingly calm or timid behaviour of young people can lead to disastrous consequences.With the reform of health institutions in the field of mental health, we have reduced hospital capacities in favour of strengthening services at the primary level in the community, which are still not sufficiently capacitated with personnel from the field of child and adolescent psychiatry, when a therapeutic approach to a victim and a perpetrator is needed. Due to the increase in the number of young people with behavioral disorders, it is evident that we lack an institution that has an educational as well as a therapeutic role. We have also encountered the impossibility of caring for minors, when a court imposes a measure of compulsory treatment, because there are still no personnel or spatial capacities for this type of approach. The only health institution, i.e. department in the Republic of Srpska which works therapeutically with children and adolescents in a hospital is at the Psychiatry Clinic at the University Clinical Center of the Republic of Srpska. This department has largely strengthened its professional capacities, but is limited by spatial capacities and length of treatment, in accordance with the recommendations for the length of acute treatment.

COMPLIANCE OF DOMESTIC LEGISLATION WITH THE COUNCIL OF EUROPE CONVENTION ON THE PROTECTION OF CHILDREN AGAINST SEXUAL EXPLOITATION AND SEXUAL ABUSE (LANZAROTE CONVENTION)

Tamara Marić — Sun, 28 Apr 2024 00:00:00 +0200

The Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse (Lanzarote Convention) provides for the criminalization of all forms of sexual abuse of children. Also, this Convention stipulates that, in due time after ratification, European countries will take measures aimed at preventing sexual violence, but also pass special legal provisions that will refer to the protection of child victims and the criminal prosecution of perpetrators of this type of crime. In order to ensure the effective implementation of the Convention by the member states, a Committee of Member States, known as the "Lanzarote Committee", was established, which, in accordance with its Rules of Procedure, monitors the implementation of the Convention in the member states. In January 2018, the Lanzarote Committee completed its first round of monitoring entitled "Protection of children from sexual abuse in the circle of trust".

In the paper, with reference to the Questionnaire of the Lanzarote Committee an overview of the compliance of legal provisions in the Republic of Srpska as part of Bosnia and Herzegovina will be presented.

ROMA MINORS AS VICTIMS OF ECOLOGICAL CRIMINALITY

Sandra Dokić — Sun, 28 Apr 2024 00:00:00 +0200

Environmental protection is a comprehensive process that can be seen briefly through the prevention or control of water, air and soil pollution. The environment is damaged due to the excessive use of natural resources and the generation of large amounts of waste that nature cannot accumulate, but the need for its reuse, recycling or incineration is imposed. A serious problem in this area that we are facing are the specific activities of minors who, from an early age, spend time in unsanitary landfills collecting secondary raw materials, but also committing various illegal acts in the form of theft and damage to public goods with the aim of obtaining materials for which there is an illegal market high demand such as metals and copper wires. Minors, who in the majority of cases belong to the Roma ethnic group, thus become victims of environmental crime because they are exposed to child labor in unsafe and unhygienic conditions for a long period of time, thus damaging their health and endangering normal growth and development. Solving this problem requires a wider involvement of society and a multidisciplinary approach because it is necessary to find an adequate measure so that the actors of these activities, especially minors, are stimulated to perform their work in a legal way and generate income at the same time without endangering their own health, their lives and not polluting environment. A significant change of consciousness is needed among the Roma population, who for now have a very strong understanding that they do not need legal jobs that provide them with regular income and later a pension because they are convinced that they will not even experience it.

SOCIAL EXCLUSION AS A DETERMINANT OF STIGMATIZATION OF JUVENILE OFFENDERS

Ljubinka Lazić — Sun, 28 Apr 2024 00:00:00 +0200

This paper presents the phenomenon of social exclusion as a determinant for the creation of stigma around juvenile offenders, which has a negative impact on the behavior and development of child offenders. Processes of stigmatization and social exclusion are interrelated processes that can push children with deviant behavior to commit crimes and develop criminal behavior. Social exclusion of juvenile offenders can be manifested through social marginalization, socio-economic deprivation, and these are risks for reintegration and resocialization. The goal of this paper is the theoretical exploration of juvenile delinquency through the aspect of social exclusion as a significant factor in the stigmatization of juvenile offenders. Theories and research provide explanations of the origin and consequences of the labels that are "sticked" to juvenile delinquents, which further affects their weak social integration and development of self-concept. This paper is particularly focused on the understanding that social exclusion is an important component for understanding the occurrence of criminal behavior among minors. The conclusion of the paper talks about the negative consequences of labeling minors and the need to improve the social protection of children in order for them to be included in society, which would have an impact on preventing the occurrence and development of delinquency among young people.

MISDEMEANOR LIABILITY OF PARENTS FOR OFFENSES COMMITTED BY CHILDREN AND MINORS FROM THE LAW ON ROAD TRAFFIC SAFETY IN THE REPUBLIC OF SERBIA

Mladen Jeličić — Sun, 28 Apr 2024 00:00:00 +0200

The paper analyzes the principles of misdemeanor liability of parents for traffic violations committed by their offspring. The author critically examines the existing legal solutions from the aspect of the basic principle of misdemeanor liability of natural persons - subjective misdemeanor liability. After the introductory discussions, general notes were given on the misdemeanor liability of natural persons and the legal regulation of the misdemeanor liability of parents under the Law on Misdemeanors and the Law on Road Traffic Safety was pointed out. The specifics of the vicarious liability of parents for the misdemeanors of their offspring were also considered, and the assumptions of objective and subjective nature for the misdemeanor liability of parents were defined. The theoretical considerations are supported by an example from practice through the analysis of the reasoning of the court verdict. In the concluding remarks, the author offered solutions for better legal regulation of this issue, through which the principles of subjective misdemeanor liability of natural persons would be respected, but it was also pointed out the need to approach the issue of compliance with traffic regulations by children and minors much more seriously through action on a wider scale a social plan that would include the participation of several relevant social factors.

ALTERNATIVE MEASURE POLICE WARNING AGAINST MINORS IN THE REPUBLIC OF SRPSKA (2020-2024)

Ljubinko Mitrović, Nikolina Grbić Pavlović — Sun, 28 Apr 2024 00:00:00 +0200

Following international standards in the field of protection and treatment of children and minors, and following the example of modern legislative systems, in 2010, in the Republic of Srpska, for the first time, as a lex specialis, the Law on Protection and Treatment of Children and Minors in criminal procedure (hereinafter: Law on Juveniles) was enacted. The Law on Juveniles systematically regulates the issue of protection and treatment of children and minors in criminal proceedings in the Republic of Srpska. One of the most significant novelties of the Law on Juveniles is the introduction of an alternative measure for minors called the Police Warning. Following the example of the afore mentioned Law on Juveniles with amendments to the Law on Misdemeanors of the Republic of Srpska from 2014, a special sui generis warning measure called Police warning was also introduced in it. Given the fact that a sufficient period has already passed since the introduction of this measure, certain conclusions can be drawn regarding its practical application. Therefore, in this paper, the authors will first point out the legal provisions of this alternative measure for minors, both in the criminal and in misdemeanor law of the Republic of Srpska, and then, through the statistical processing of data on the issued police warnings in the period from 2020 to 2024, they will look at the practical application of this measure.