Juvenile Prison Sentence in the Juvenile Law of the Republic of Serbia
Juvenile Prison Sentence in the Juvenile Law of the Republic of Serbia

Summary/Abstract: The idea, legal sources and major characteristics of contemporary juvenile criminal legislation of the Republic of Serbia are the issues that have been analysed within this paper. Particularly, following the tendencies expressed in numerous international legal documents adopted lately beneath and within the United Nations Organization (The Convention on the Rights of the Child), as well as acts adopted by regional organizations (Council of Europe), The Republic of Serbia has adopted in 2005 specialized Law on Juvenile Criminal Offenders and Criminal Protection of Juveniles. That way, one single legal document in a comprehensive way entirely regulates legal position (substantive, procedural and executive) of juveniles as offenders or victims of the crime. For that purpose, Republic of Serbia has been codified juvenile criminal legislation in a way that this has been done by other European countries lately: France, Italy, Swiss, Germany, Montenegro, Germany, Croatia, Macedonia, Bosnia and Herzegovina and many others. The new juvenile criminal law anticipates two basic types of the juvenile criminal sanctions. These are: a) the educational measures and b) the juvenile prison. They are legally anticipated measures of the social reaction towards the juvenile committers of the crime activities that are sentenced the legally determined organs (the district court – the judge for the juveniles and the tribunal for the juveniles) in aim to protect the society from the criminality trough the education, reeducation and proper development of the juvenile. Beside and instead of sanctions, the new criminal legislature recognizes also the special type of measures – the educational dictates (orders) as the alternative measures that have the aim the deflecting of the criminal proceeding towards the juveniles (la diversion) to the other measures application. In this paper the author has analysed the juvenile prison sentence in the new criminal law of Republic of Serbia with theoretical, practical and comparative law aspects.

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