КРИВИЧНОПРАВНА ЗАШТИТА МАЛОЛЕТНОГ ЛИЦА ОД ЗАПУШТАЊА И ЗЛОСТАВЉАЊА
CRIMINAL LAW PROTECTION OF MINORS FROM NEGLECT AND ABUSE

Summary/Abstract: The paper analyzes the issues that may occur in defining certain types of conduct as a criminal offense of neglect and abuse of minors. Yet, criminal legislation shall come into play only as ultima ratio, particularly considering the sensitive sphere and privacy of family relations, the importance of educational function of the family in building the child’s personality, the existing measures in other areas of law that ensure the best interest of minors, and the consequences of punishment for this criminal offense. However, criminal intervention is justified in cases where parents, guardians or care-takers grossly neglect their duty and abuse the children, thus causing the state of child neglect and harmful consequences for child’s development. The paper first provides a historical overview of the development of protection mechanisms at the national and international levels, and discusses the conceptual distinction between neglect and abuse. The author further analyzes legal protection of children from abuse and neglect, legal provisions on this crime, its elements and forms, as well as the current foreign solutions. The paper then focuses on the distinction between this criminal offence and other similar offences, given the fact that the legal definition of the criminal offense of neglect and abuse of minors may include elements of some other offenses falling into the group of criminal offenses against the rights and freedoms of man and citizen, or offences against marriage and family. In order to analyze the judicial practice and occurrence of this crime in our society, the author explores the penal policy of the Basic Court in Novi Sad and the Basic Public Prosecutor’s Office in Novi Sad, in the period from 2010 to 2016, pertaining to the criminal offense of neglect and abuse of minors.

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