Диверзионе мере у систему малолетничког кривичног правосуђа Републике Србије
Diversion Measures in the Juvenile Criminal Justice System of the Republic of Serbia

Author(s): Jovana Kostić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Minors; Alternative measures; Educational orders; Court; Adequate response measures;
Summary/Abstract: Bearing in mind the specificity of the biological, sociological and psychological characteristics of minors, it was established that they are more susceptible to accepting socially unacceptable models of behavior, and that they are prone to violent and affective reactions to external influences. This category of persons is considered particularly sensitive due to insufficiently developed, reduced and limited intellectual potentials. This is primarily due to pronounced overemphasized interpersonal and inflexible behaviors, as well as their emphasized suggestible and flexible traits. Accordingly, when prosecuting these persons as perpetrators of criminal acts, special attention and special professional knowledge of the persons participating in those proceedings is required in order to adequately approach the minor and present him with the harmful consequences of the act he has committed as well as the sanctions he must bear as a result.When expressing social condemnation for the behavior of minors deemed socially unacceptable, it’s crucial to ensure that the methods used to address them align with the minor’s personality. Therefore, when dealing with juvenile offenders, it is crucial to ensure that the entire goal of the imposed sanctions is achieved. Just like the sanctions imposed on adult perpetrators of criminal acts, the sanctions imposed on minors must influence the minor not to commit criminal acts in the future. In addition, they must influence other persons to refrain from committing criminal acts. All sanctions must be in accordance with the minor’s age, personality, life, social circumstances, the motives for committing the act, as well as his demeanor after the act. There are certain cases where the aforementioned purpose of juvenile criminal sanctions can be achieved by not initiating criminal proceedings against the minor, but by directing him to some other branches of law through the application of diversionary, informal measures in the form of educational orders. The paper analyzes the concept, content, conditions of application, characteristics, and duration of educational orders in the criminal law of Serbia as well as in countries in the region with a focus on the segment of their application in practice.

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