JUVENILES AD PERPETARORS OF CRIMINAL OFFENSES DOMESTIC VIOLENCE Cover Image

MALOLETNICI KAO IZVRŠIOCI KRIVIČNOG DELA NASILJA U PORODICI
JUVENILES AD PERPETARORS OF CRIMINAL OFFENSES DOMESTIC VIOLENCE

Author(s): Gordana Nikolić
Subject(s): Criminal Law, Sociology, Criminology, Studies in violence and power, Family and social welfare
Published by: CENTAR MODERNIH ZNANJA
Keywords: violence; family; juveniles; Criminal Code; crime;

Summary/Abstract: Domestic violence was introduced into the Criminal Code of the Republic of Serbia in 2002, first by incrimination in Article 118a, but with the adoption of the new Criminal Code, which began on January 1, 2006, this offense is regulated in Article 194 in the group of crimes against marriage. and families. By amending the legal text, this work underwent several changes and additions until its positive application, without modifying the basic conceptual norms, but in sharpening its punishment. The incrimination of acts of domestic violence and the determination of basic and more severe forms is an indicator of the legal system that the family is protected as a basic value of human society. As a lex specialis in the sense of detailed incrimination of this act, and especially in the contribution of its prevention, in 2016, the Law on Prevention of Domestic Violence was passed, which applies only to adult perpetrators. Analyzing the texts on the criminal offense of domestic violence, one gets the impression that the perpetrators of this offense are most often adults, spouses, men, and even women, so the question arose whether minors appear in the category of perpetrators of domestic violence, bearing in mind that by logic things most often occur in the role of victim. However, the statistics showed astonishing data regarding the fact that juveniles appear as perpetrators of this crime, and if we take into account the fact that parents rarely report their child as a perpetrator of domestic violence, as well as that they rarely join the criminal proceedings later. persecution, one gets the impression that the gravity of this crime committed by the juvenile is even greater. This is supported by the fact that the dark number of juvenile perpetrators of domestic violence is expressed, and that both statistical data and official reports are not sure and one hundred percent indicator of the representation of minors as perpetrators of this crime. The author briefly reviews the norms of the criminal offense of domestic violence in the Criminal Code of the Republic of Serbia, while the essence of the paper is based on a statistical analysis of the number of reported, accused and convicted juveniles for domestic violence within ten years, as well as criminal sanctions imposed on them for this crime, on the basis of which conclusions are made regarding the representation of minors as perpetrators of this crime.

  • Issue Year: V/2020
  • Issue No: 5
  • Page Range: 512-523
  • Page Count: 12
  • Language: Serbian