A DECADE OF GREAT CHANGES IN THE CRIMINAL-LAW STATUS OF MINORS Cover Image

ДЕЦЕНИЈА ВЕЛИКИХ ПРОМЕНА У КРИВИЧНОМ СТАТУСУ МАЛОЛЕТНИКА
A DECADE OF GREAT CHANGES IN THE CRIMINAL-LAW STATUS OF MINORS

Author(s): Obrad Perić
Subject(s): Criminal Law
Published by: Правни факултет Универзитета у Београду
Keywords: Criminal law; Criminal legislation; Criminal-law status of minors; United Nations

Summary/Abstract: Criminal-law status of minors went in former periods through several stages of development, but two of the basic models are particularly important. The creation of the first one, determined as a "welfare" model, took place already at the beginning of this century. Until the present, it underwent amendments and transformations. The second, the "justice" model has its origin in the eighties of the present century, and is an answer to the shortcomings of the first one. But, the second model, too, taken as such, is not without shortcomings. That is why the two are being combined, to make a mixture termed as "welfare-justice" model of the criminal-law status of minors. This model is visible also in the documents of the United Nations and the Council of Europe, which institutions have contributed to its creation. It is also considered in course of legislative reforms in many countries of Europe and Americas. Special emphasis is placed to several documents of mentioned institutions, which took place in the 1980-1990 period, and to relevant effects for the status of minors in criminal-law sphere. Domestic legislation is also treated in the article, which rather late has adopted the "welfare" mode. As far as reform in this field is concerned, the author considers that the conditions are not adequate yet for some more important attempts which should lead to accepting the mixed variant model.

  • Issue Year: 42/1994
  • Issue No: 1-2
  • Page Range: 172-185
  • Page Count: 14
  • Language: Serbian