ODGOJNE PREPORUKE KAO ALTERNATIVA KRIVIČNOM POSTUPKU PREMA MALOLJETNICIMA I NJIHOVA PRIMJENA U PRAKSI
EDUCATIONAL RECOMMENDATIONS AS AN ALTERNATIVE TO THE CRIMINAL PROCEEDINGS AGAINST JUVENILES AND THEIR APPLICATION IN PRACTICE

Summary/Abstract: Resolving criminal cases outside the criminal procedure (diversion) represents one of the most advocated approaches in modern criminal law and it is considered to be particularly appropriate way of resolving less serious cases of juvenile delinquency. Its affirmation in some european systems of juvenile justice has been confirmed in the eighties and nineties of last century, while in our criminal legislation the possibilities of its application significantly extendend by introducing of educational recommendation. Using conventional methods of research in the field of social and legal sciences, there has been analyzed the nature, types, conditions and procedures underlying the application of measures under its domestic law. A significant segment of the paper is the application of educational recommendations within the judical institutions in Bosnia and Herzegovina. The results show that their application by the courts did not come to life at all. On the other hand, experience of their application by the prosecutors are something better. This applies particularly to the work of Prosecutor´s Office of Brcko District in which the scope of the given alternative measures, in this period, was at extremely high level. However, the results of the work of prosecutors in the Federation of BiH and Republic of Srpska are much more modest. Moreover, prosecutorial practice in the Federation BiH recorded a steady decline in the aplication of educational recommendations. We analyzed the causes of this situation, as well as the assumptions which are necessary to be realized in order that the application of educational recommendations, and the avoidance of criminal procedure could become common practice.

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