ПРОЦЕСНИТЕ ПРАВА И ГАРАНЦИИ НА ДЕЦАТА ВО СУДИР СО ЗАКОНОТ И ЗАШТИТА НА ЖРТВИТЕ ВО ЕВРОПСКАТА УНИЈА
PROCEDURAL RIGHTS AND GUARANTEES FOR THE CHILDREN IN CONFLICT WITH THE LAW AND PROTECTION OF THE VICTIMS IN THE EUROPEAN UNION

Author(s): Gordana Lažetić
Subject(s): Criminal Law, EU-Legislation
Published by: Makedonska akademija na naukite i umetnostite
Keywords: procedural rights; accused minors; criminal proceedings; protection of victims of crime
Summary/Abstract: The modest aim of the paper is to present the evolution of the EU regulation regarding the rights and guarantees for protection of the defendant in the criminal procedure, the procedural rights of children suspected and accused as perpetrators of criminal acts, as well as the rights of the victim in the criminal procedure and the rights of the child victim, within. The development of the EU regulation is guided by the commitment for establishing minimum standards that will facilitate the handling of cross-border cases across EU Member States, ensuring fundamental rights, minimum procedural safeguards and access to justice, equal status, rights and protection. In this way, the citizens' trust in the EU increases and strengthens. In this context, the importance of the principle of mutual recognition of court decisions is a necessary prerequisite for facilitated judicial cooperation. Victims' needs should be considered and addressed in a comprehensive, coordinated manner, avoiding partial or inconsistent solutions which may give rise to secondary victimisation. Justice cannot be effectively achieved unless victims can properly explain the circumstances of the crime and provide their evidence in a manner understandable to the competent authorities. It is equally important to ensure that victims are treated in a respectful manner and that they are able to access their rights. The need to strengthen the procedural rights and guarantees of children in conflict with the law that appear as perpetrators of criminal acts is imposed as a necessity in the context of the longstanding trend for protection of the procedural rights of the defendant as an adult perpetrator. The special approach to children in conflict with the law is ensured by the provisions of the domestic legislation, but it is necessary to strengthen and upgrade this corpus of rights and protections for the purpose of legitimate and fair participation of children in conflict with the law in the court criminal procedure against children. The need for a closer knowledge of the various segments of the EU regulation has been imposed in the context of efforts to bring domestic legislation in line with the amendments. In this sense, it is necessary to identify the aspects of the domestic criminal procedural legislation that should be annexed or supplemented in order to meet the standards specified in the relevant EU documents.

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