INSTITUT POSEBNOG SKRBNIŠTVA U MALOLJETNIČKOM KAZNENOM PRAVU
THE INSTITUTE OF SPECIAL GUARDIANSHIP IN THE CONTEXT OF PROTECTING THE RIGHTS OF MINORS IN JUVENILE CRIMINAL LAW

Summary/Abstract: The Institute of Special Guardianship was introduced into Croatian juvenile legislation in 2019, by implementing the provisions of Directive 2016/800, which establishes procedural safeguards for minors who are suspects or accused in criminal proceedings. Although this institute was presented as a significant step in protecting the rights of children, four years after its implementation, challenges in its functioning have emerged that deviated from the initial expectations. The authors of this paper carefully analyse the development of the Institute of Special Guardianship, pointing out numerous existing dilemmas and shortcomings. They critically assess its implementation and highlight how it currently fails to fulfil its primary purpose. In their work, the authors propose a series of solutions de lege ferenda to improve the functioning of the Institute of Special Guardianship. Their recommendations are aimed at addressing existing problems and aligning the practice with international standards for the protection of children’s rights and minors. Their goal is to create an effective and fair system that will provide adequate protection and support for minors in criminal proceedings. Through this paper, the authors encourage further discussion and engagement to ensure that the Institute of Special Guardianship in Croatia fulfils its purpose and provides minors with appropriate protection and respect for their rights.

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