Temporary Measures in Criminal Proceedings Against Juveniles
Temporary Measures in Criminal Proceedings Against Juveniles
Author(s): Marija MilojevićSubject(s): Criminal Law, Criminology, Penology
Published by: Универзитет у Нишу
Keywords: juvenile delinquency; temporary measures; temporary accommodation; limitation of personal freedom; referral to professional institutions
Summary/Abstract: The specific nature of juvenile delinquency and the all-present tendency of diverse response to juvenile crime have resulted in distinguishing juvenile criminal law as a separate branch of criminal law. Juvenile criminal law entails special temporary measures which, as such, do not exist in the proceedings against adult individuals. In this paper, the author will point out their characteristics and analyse the concepts of temporary accommodation and referral of juveniles to professional institutions for further assessment. The paper also provides an explanation of the extent to which the international standards on juveniles are observed in our legislation in terms of these temporary measures. The adoption and subsequent application of the Act on Juvenile Criminal Offenders and Protection of Minors in Criminal Law (hereinafter: the Juvenile Justice Act) has proven to be a positive turning point in the regulation of temporary measures. Thus, there is no need for significant reforms except for slight changes, which will be pointed out in this paper. The new draft of the Juvenile Justice Act does not bring substantial changes in this area. This paper provides an overview of the amended provisions and analyzes their purpose and implications.
Journal: FACTA UNIVERSITATIS - Law and Politics
- Issue Year: 15/2017
- Issue No: 4
- Page Range: 375-383
- Page Count: 9
- Language: English