CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 22: Individual assessment of the child

1The body administering the process shall treat a child with special attention and care throughout any stages of criminal justice for children.

2When making decisions related to the child, account shall be taken of their individual characteristics including: age, level of development, living conditions, upbringing and development, education, health conditions, family situation, and other circumstances which allow individual assessment.

3The court/the prosecutor, before taking any decision on a child, shall summon, where appropriate, an expert or group of experts of various disciplines to assess the individual, health, family, social and environmental circumstances of the child, in order to understand their personality and accountability and the extent of their responsibility.

4If the court/prosecutor upon completion of the individual assessment find that a child suffers mental disorders making the child irresponsible, the child shall be exempt from criminal liability and, where necessary, placed to a specialized and independent medical institution according to the provisions of the Code of Criminal Procedure.

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