KOMENTARI ELEKTRONIK

CODE OF CRIMINAL JUSTICE FOR CHILDREN

Number 37/2017 Date of Adoption 30/03/2017 Enforcement Date 01/01/2018

Legal Basis

"Based on article 81, paragraph 2 and 83 paragraph 1 of the Constitution, on the proposal of a member of parliament CODE OF CRIMINAL JUSTICE FOR CHILDREN Based on article 81, paragraph 2 and 83 paragraph 1 of the Constitution, on the proposal of a member of parliament, 2017 CODE OF CRIMINAL JUSTICE FOR CHILDREN Based on article 81, paragraph 2 and 83 paragraph 1 of the Constitution, on the proposal of a member of parliament, "

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Table of Content

  1. CHAPTER I : GENERAL PROVISIONS
    1. Article 1 : Object
    2. Article 2 : Purpose
    3. Article 3 : Definitions
    4. Article 4 : Scope of application
    5. Article 5 : Relation to other laws
    6. Article 6 : Applicable legislation
    7. Article 7 : Age of the child
  2. CHAPTER II : PRINCIPLES OF CRIMINAL JUSTICE FOR CHILDREN
    1. Article 8 : Guiding principles of criminal justice for children
    2. Article 9 : Presumption of innocence
    3. Article 10 : Principle of the best interest of the child
    4. Article 11 : Principle of protection from discrimination
    5. Article 12 : Right to harmonious development of the child
    6. Article 13 : Principle of proportionality
    7. Article 14 : Prevalence of alternative measures of diversion
    8. Article 15 : Restriction or deprivation of liberty as a measure of last resort
    9. Article 16 : Child participation in the process
    10. Article 17 : Examination done promptly and with preference
    11. Article 18 : Mandatory presence of the psychologist
  3. CHAPTER III : PROCEDURAL RIGHTS AND GUARANTEES OF THE CHILD IN CONFLICT WITH THE LAW
    1. Article 19 : Rights of the child in conflict with the law
    2. Article 20 : Legal and psychological assistance to the child
    3. Article 21 : Protection of privacy of the child
    4. Article 22 : Individual assessment of the child
    5. Article 23 : Free services for the child in the criminal justice system
    6. Article 24 : Rights of child victim and/or witness of the criminal offence
  4. CHAPTER IV : TRAINING AND SPECIALISATION OF COMPETENT BODIES IN CRIMINAL JUSTICE PROCESS INVOLVING CHILDREN
    1. Article 25 : Specialization of persons administering and assisting the criminal justice process involving children
    2. Article 26 : Training topics
    3. Article 27 : Court jurisdiction over juvenile justice cases
    4. Article 28 : Judicial examination of cases involving a child
    5. Article 29 : Training and specialisation of prosecutors and judicial police officers
    6. Article 30 : Training and specialisation of State Police employees
    7. Article 31 : Defence counsel
    8. Article 32 : Other persons specialized in juvenile justice
  5. CHAPTER V : CHILD VICTIM AND WITNESS OF THE CRIMINAL OFFENCE
    1. Article 33 : General principles
    2. Article 34 : Right of the child victim to be informed
    3. Article 35 : Tasks of the Unit for Protection of the rights of the child concerning the child witness and victim
    4. Article 36 : Legal aid to the child victim
    5. Article 37 : Protective measures for the child victim or witness
    6. Article 38 : Notification of the child victim or witness
    7. Article 39 : Special rules of questioning the child victim or witness
    8. Article 40 : Special rules for cross-examining the child 14-18 years of age
    9. Article 41 : Special rules of cross-examination of the child victim and/or witness of sexual exploitation or sexual violence
    10. Article 42 : Special rules for cross-examination of the child victim/witness under 14 years of age
    11. Article 43 : Measures to protect the privacy and well-being of the child victim and witness
    12. Article 44 : Restorative justice measures
    13. Article 45 : Right to compensation for damage
  6. CHAPTER VI : GENERAL RULES OF COURT PROCEEDINGS INVOLVING CHILDREN IN CONFLICT WITH THE LAW
    1. Article 46 : Determining the age of the child
    2. Article 47 : Individual assessment report
    3. Article 48 : Child protection
    4. Article 49 : Mandatory presence in procedural actions involving the child
    5. Article 50 : Right of the child to communicate in a language they understand
    6. Article 51 : Right to consular assistance
    7. Article 52 : Splitting cases involving a child from the common case involving an adult
    8. Article 53 : Child notification
    9. Article 54 : Prohibition of use of force, other means and firearms
  7. CHAPTER VII : DIVERSION FROM CRIMINAL PROSECUTION AND PUNISHMENT THROUGH ALTERNATIVE MEASURES
    1. Article 55 : Criteria and conditions for application of diversion from criminal prosecution
    2. Article 56 : Procedure for application of the measure of diversion by the prosecutor
    3. Article 57 : Procedure and application of the measure of diversion by the court
    4. Article 58 : Consequences of application of the measure of diversion
    5. Article 59 : Consent to the diversion measure
    6. Article 60 : Guarantees of the child concerning application of the diversion measure
    7. Article 61 : Conditionality on the decision to apply the measure of diversion
    8. Article 62 : Possible alternative measures of diversion from criminal prosecution
    9. Article 63 : Restorative justice and/or mediation programmes
    10. Article 64 : Mediation procedure
    11. Article 65 : Advising the child and the family
    12. Article 66 : Verbal warning
    13. Article 67 : Written warning
    14. Article 68 : Mandatory measures
    15. Article 69 : Placing a child in foster care
    16. Article 70 : Fulfilment of alternative measures of diversion from criminal prosecution
    17. Article 71 : Failure to fulfil the alternative measures of diversion from criminal prosecution
    18. Article 72 : "Procedure in case of failure to fulfil the alternative measure of diversion from criminal prosecution "
  8. CHAPTER VIII : ELEMENTS OF THE PROCESS OF INVESTIGATION OF THE CHILD IN CONFLICT WITH THE LAW
    1. Article 73 : Notification of arrest or detention of a child
    2. Article 74 : Assignment and notification of a legal/procedural representative
    3. Article 75 : Conditions of the child in detention facilities
    4. Article 76 : Cross-examination of the child in conflict with the law
    5. Article 77 : Procedural guarantees of cross-examination of the child in conflict with the law
    6. Article 78 : Strip search of a child
    7. Article 79 : Intimate search/medical examination of a child
    8. Article 80 : Content of the decision of intimate search and medical examination
  9. CHAPTER IX : SECURITY MEASURES
    1. Article 81 : Imposition of a security measure
    2. Article 82 : Special security measures against the child
    3. Article 83 : Placing a child under supervision
    4. Article 84 : Placing a child to a specialised service
    5. Article 85 : Duration and validation of arrest or detention of the child
    6. Article 86 : Criteria for imposition of arrest against a child
    7. Article 87 : Enforcement of the measure of arrest against the child
  10. CHAPTER X : ELEMENTS OF THE TRIAL PROCESS OF THE CHILD IN CONFLICT WITH THE LAW
    1. Article 88 : Fair and speedy trial
    2. Article 89 : Trial in camera
    3. Article 90 : Child participation in trial
    4. Article 91 : Trial in the presence of a child and restrictions
    5. Article 92 : Admission of guilt by the child
  11. CHAPTER XI : PURPOSE AND TYPES OF PUNISHMENTS AGAINST THE CHILD
    1. Article 93 : Purpose of punishment
    2. Article 94 : General principles of punishment
    3. Article 95 : Types of punishment against the child
    4. Article 96 : Classifying and imposing punishment against the child
    5. Article 97 : Imprisonment
    6. Article 98 : Restriction of liberty
    7. Article 99 : Fine
    8. Article 100 : Prohibition to performing an activity
    9. Article 101 : Community service
    10. Article 102 : Fulfilment of certain obligations
    11. Article 103 : House arrest
    12. Article 104 : Suspension of execution of imprisonment sentence
    13. Article 105 : Rules on non-imprisonment sentence
    14. Article 106 : Punishment below the minimum punishment foreseen by the law
  12. CHAPTER XII : EXECUTION OF SENTENCES
    1. Article 107 : Execution of non-imprisonment sentences
    2. Article 108 : Commission of a criminal offence during execution of non-imprisonment sentence
    3. Article 109 : Calculations for the purpose of converting the sentence
    4. Article 110 : Placing a child in detention and prison facilities
    5. Article 111 : Special rules of execution of the imprisonment sentence
    6. Article 112 : Defence counsel of the child during execution
  13. CHAPTER XIII : CONDITIONS OF AND RULES ON CHILDREN IN DETENTION AND PRISON FACILITIES
    1. Article 113 : Special places for the child defendant/sentenced
    2. Article 114 : Medical, psychological examination and relevant placement in facilities
    3. Article 115 : Medical care and treatment of children
    4. Article 116 : Living conditions and nutrition of children
    5. Article 117 : Organization of educational and rehabilitation programmes
    6. Article 118 : Possibilities for employment and housing
    7. Article 119 : Sports and recovery
    8. Article 120 : Contact with the family and friends
    9. Article 121 : Leave for the child punished by imprisonment
    10. Article 122 : Temporary transfer of the child to another facility
    11. Article 123 : "Keeping the convict in the rehabilitation facility or transferring to another penitentiary institution "
    12. Article 124 : Forms of incentives to a sentenced child
    13. Article 125 : Limits to enforcing disciplinary measures
    14. Article 126 : Types of disciplinary measures
    15. Article 127 : Proceedings for the imposition of disciplinary measures
    16. Article 128 : Information on the right to complaint
    17. Article 129 : Conditional release
    18. Article 130 : Decision on conditional release
    19. Article 131 : Replacing the remainder of the sentence
    20. Article 132 : Periodical review of conditional release
  14. CHAPTER XIV : PREPARATION FOR RELEASE FROM IECS, CARE, REHABILITATION AND RESOCIALISATION
    1. Article 133 : Preparing for release after serving the sentence
    2. Article 134 : Support after release
    3. Article 135 : Supervision after serving punishment and conditional sentence
  15. CHAPTER XV : KEEPING AND STORAGE OF DATA IN THE SYSTEM OF JUSTICE FOR CHILDREN
    1. Article 136 : Database of criminal justice for children
    2. Article 137 : Responsible institutions
    3. Article 138 : Informing and destruction of the personal file
    4. Article 139 : Retaining the file of the child punished by non-imprisonment
  16. CHAPTER XVI : TRANSITORY AND FINAL PROVISIONS
    1. Article 140 : Enforcement of provisions of this Code and retroactive effect
    2. Article 141 : Sub-legal acts
    3. Article 142 : Repeals
    4. Article 143 : Entry into force