Criminal proceedings can also be conducted against a juvenile if there are grounds to suspect that they have committed a criminal offense. A juvenile is considered to be a person who has reached the age of 14. A person who has not reached the age of 14 is considered a child, and no sanctions or any other measures specified in the Juvenile Offenders Law can be imposed on them. A person between the ages of 14 and 16 at the time of committing a criminal offense is considered a younger juvenile, while a person between the ages of 16 and 18 is considered an older juvenile. The juvenile’s age is important in determining the application of sanctions.
The law allows the court to impose educational measures on a perpetrator who, although having reached adulthood, committed a criminal offense before the age of 21. If it is considered that, given their personality traits and the circumstances under which the offense was committed, educational measures can achieve the purpose that would be accomplished through a sentence, the court may impose measures provided for in the Juvenile Offenders Law.
In these proceedings, judges for juveniles and special panels for juveniles in higher courts are responsible for making decisions. In such cases, the Higher Court is always competent. Judges for juveniles must have specialized knowledge of child rights and juvenile delinquency, while lay judges must have experience working with children and youth. The lawyer representing the juvenile must hold a license (certificate) for defending/representing juveniles, issued by the competent Bar Association.
Educational Orders
An educational order may be applied to a juvenile offender for a criminal offense for which a fine or a prison sentence of up to five years is prescribed. The purpose of educational orders is to prevent the initiation of criminal proceedings against the juvenile or to suspend proceedings, and to influence the proper development of the juvenile and strengthen their personal responsibility so that they will not commit criminal offenses in the future.
Educational orders are:
- Reconciliation with the injured party, in order to eliminate, either wholly or partially, the harmful consequences of the offense through compensation, apology, work, or in another way.
- Regular attendance at school or regular attendance at work.
- Voluntary participation in humanitarian organizations or social, local, or environmental work.
- Undergoing appropriate tests and rehabilitation for addiction caused by the use of alcohol or narcotic drugs.
- Participation in individual or group treatment in an appropriate health facility or counseling center.
An educational order can last for a maximum of six months, during which time it may be replaced with another educational order or terminated.
Criminal Sanctions
The following sanctions can be imposed on juveniles for criminal offenses:
- Educational measures;
- Juvenile detention;
- Security measures prescribed by the provisions of the Criminal Code, except for the prohibition of performing a profession, activity, or duty.
Younger juveniles may only be subjected to educational measures. Older juveniles may be subjected to educational measures, and in exceptional cases, juvenile detention may be imposed.
Educational Measures
Educational measures are:
- Warning and guidance measures: judicial reprimand and special obligations;
- Enhanced supervision measures: increased supervision by parents, adoptive parents, or guardians, increased supervision in another family, enhanced supervision by guardianship authorities, increased supervision with daily attendance in an appropriate educational institution for juveniles; and
- Institutional measures: referral to an educational institution, referral to a correctional facility, referral to a special institution for treatment and rehabilitation.
Warning and guidance measures are imposed when it is necessary and sufficient to influence the personality and behavior of the juvenile through such measures. Enhanced supervision measures are imposed when more lasting measures, with appropriate professional supervision and assistance, are needed for the juvenile’s education and development, and there is no need for complete separation from their previous environment. Institutional measures are imposed on a juvenile when more lasting measures of education, treatment, and rehabilitation, including full separation from their previous environment, are necessary in order to exert a stronger influence on the juvenile. Institutional measures are imposed as a last resort and can last only as long as necessary to achieve the purpose of educational measures, within the limits prescribed by the law.
In choosing an educational measure, the court will particularly take into account the juvenile’s age and maturity, other characteristics of their personality, the degree of disturbance in their social behavior, the seriousness of the offense, the motives for committing the offense, the environment and conditions in which they lived, their behavior after committing the offense, and especially whether they prevented or attempted to prevent harmful consequences, compensated or attempted to compensate for the damage caused, whether the juvenile has previously been subjected to a criminal or misdemeanor sanction, and any other circumstances that may affect the imposition of the measure that would best achieve the purpose of educational measures.
Special Protection of Juveniles Who Are Victims in Criminal Proceedings
If a juvenile has the status of a victim in criminal proceedings against an adult accused of committing one of the most serious criminal offenses under the provisions of the Criminal Code, the presiding judge in the panel must have special knowledge of child rights and the criminal protection of juveniles.
When conducting proceedings for criminal offenses committed against juveniles, the public prosecutor, investigative judge, and judges in the panel must treat the victim with consideration of their age, personality traits, education, and the conditions in which they live, particularly aiming to avoid any potential harmful consequences of the proceedings for their personality and development.
If, considering the nature of the criminal offense, the consequences, or other circumstances, the juvenile is particularly vulnerable or in an especially difficult mental state, the judge will order that the juvenile be heard using technical means for the transmission of image and sound, and the hearing will take place without the presence of the parties and other participants in the proceedings, in a room where the witness is located. The parties and individuals who have the right to ask questions will do so through the judge, psychologist, pedagogue, social worker, or other expert.
Juvenile victims can be heard in their home or another room or authorized institution that is professionally trained to question juveniles.
If the juvenile victim is particularly sensitive due to the nature of the offense, consequences, or other circumstances, a confrontation between the juvenile and the accused is prohibited.
A juvenile victim must have a legal representative from the first hearing of the accused.
If the juvenile does not have a legal representative, one will be appointed by the court president from the list of lawyers who have acquired special knowledge in the field of child rights and the criminal protection of juvenile victims.