CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 25: Specialization of persons administering and assisting the criminal justice process involving children

1. The competent bodies take all the relevant measures to make sure that the persons dealing with the children have the necessary knowledge, highest professional awareness for the protection of rights of the child in conflict with the law, child victim or witness and take the necessary measures for their irremovability from these positions.

2. The competent bodies, according to this Code guarantee and make sure that any person who has been sentenced by a final court decision for a criminal offence committed intentionally against the child or domestic violence offence shall be prohibited from working and providing any services to the child.

3. The competent bodies and non-profit organisations providing services to the child take all the adequate measures to make sure that the persons sentenced for criminal offences against children will have no contact with the child.

4. Persons administering the criminal justice process involving children must be specialised and trained specifically in the field of protection of rights of the child. Exemption is made only to those cases where the act or omissions of the child endanger public security and in foreseen cases of the situation of flagrancy under the provisions of the Criminal Procedure Code. In such event, the non-specialized person, after the preliminary measures are taken, shall immediately notify the specialized person/structures to resume this process.

5. The competent bodies, in proceedings involving children, shall make sure that the specialised employees may assist the child in the criminal justice process.

6. Violation of paragraph 3 of this article shall constitute a criminal offence according to the Criminal Code.

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