ПРИМЕНА НЕФОРМАЛНИХ МЕРА У МАЛОЛЕТНИЧКОМ КРИВИЧНОМ ПРАВУ СРБИЈЕ
The Application of Informal Measures in Juvenile Criminal Law of Serbia

Summary/Abstract: The new juvenile criminal justice system of the Republic of Serbia completely follows the goals of criminal policy – i.e. education and re-education of juvenile perpetrators of criminal offences. In that way, the preventive character of this branch of law is particularly emphasized. In theory, it is pointed out that juvenile criminal sanctions are primarily measures of assistance and socialization, with a minimal amount of coercion, limitations of rights and freedoms or repression and a high level of assistance, care, supervision and prevention, designed to remove the obstacles for normal and regular development and maturation of juveniles. Such concept is in accordance with a series of international and European standards on the treatment of juveniles in conflict with the law. However, along with and instead of juvenile criminal sanctions, modern criminal legislations are also familiar with different informal measures, application of which is recommended whenever it is possible to avoid the regular course of criminal procedure. These measures include educational orders, guidelines, bans or recommendations the aim of which is to avoid or postpone the conduct of criminal procedure against juvenile offenders. The application of these measures in supposed to replace the criminal procedure against juvenile offenders with procedures prescribed in other branches of law such as family law or social welfare law. The most significant innovation in the field of juvenile criminal justice system is the introduction informal or alternative measures, defined in the form of educational orders (recommendations or guidelines). Perceived and defined in such manner, the replacement of criminal procedure refers to various means, measures and procedures that are intended to protect juvenile offenders from harmful effects of court and criminal sanctions. Educational orders represent specific measures that do not have the character of criminal sanctions. One or more educational orders may be imposed on a juvenile perpetrator who has committed a criminal offence for which a fine or imprisonment up to years are prescribed. The purpose of these orders is to avoid the opening of criminal procedure against juvenile offenders or to suspend a criminal procedure that has already been initiated, as well as to enhance regular development of juveniles and strengthen their personal responsibility in order to deter them from further criminal activities, particularly when it comes to property crimes. The character of these measures is strictly preventive. When selecting an educational order, the public prosecutor and the court particularly have to take into consideration the interests of juvenile’s offender as well as the interests of the victim. Other modern legislations are also familiar with one or more informal measures for juvenile perpetrators of criminal offences. In this paper, the definition, types, characteristics and purpose of informal measures in juvenile criminal justice system of the Republic of Serbia are discussed.

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