CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 3: Definitions

These terms in this Code shall have the following meaning:

1"Alternatives to imprisonment" is any measure that does not amount to a deprivation/restriction of liberty, which the body competent for criminal justice system may impose against the child at any stage.

2"“Criminal justice for children” means proceedings related to criminal offences, including investigation, criminal prosecution, court proceedings, execution of sentences, any other measures involving a child in conflict with the law, victim or witness of a criminal offence; 3. ""Child"" is any person under 18 years of age."

3"Child" is any person under 18 years of age.

4“Child in conflict with the law” is any person who has reached the age of criminal responsibility up to 18 years of age, against whom there is a reasonable doubt to believe that the child has committed a criminal offence, has been summoned as a defendant and/or the child has been sentenced by a final court decision for the commission of a criminal offence.

5“Child victim” is any person under 18 years of age who has suffered moral, physical or material damage due to a criminal offence.

6“Child witness” is any person under 18 years of age who may have information about a criminal offence.

7"Young adult" is any person from 18 to 21 years of age who is accused of the commission of a criminal offence, when he was a child.

8“Relative” is the person who has close family, blood or marriage relationship with the child.

9"“Best interest of a child” means the right of the child to a healthy physical, mental, moral, spiritual, social development and the right to enjoy family and social life suitable to the child. 10. ""Information"" means any data which are appropriate to the age and maturity of the child and which is given to the child to exercise his rights fully, unless the provision of such information is contrary to the best interest of the child. "

10"Information" means any data which are appropriate to the age and maturity of the child and which is given to the child to exercise his rights fully, unless the provision of such information is contrary to the best interest of the child.

11"Minimum age of criminal responsibility" is 14 years of age in case of commission of a felony and 16 years of age in case of commission of misdemeanours foreseen by the Criminal Code;

12“Restorative justice measure” is any measure allowing the child in conflict with the law to understand the responsibility and redress the consequences of a criminal offence, compensate damage and/or reconcile with the victim/injured party and other persons affected by the criminal offence, in which the child who has committed the criminal offence and the injured party participate jointly and actively to redress the consequences of a criminal offence, usually with the assistance of an independent third party.

13“Mediation” is the process of extra-judicial and dialogue-based settlement between a child who has committed the criminal offence and the victim led by the mediator and aiming at settling the dispute between them and the consequences emerging from the criminal offence as well as improving relations between them whether or not it is applied as a diversion measure.

14"Unit for Protection of Rights of the Child" is the structure for the protection of the child at local level under the law in force on the rights and protection of the child.

15"Competent body/participant in administering of criminal justice for children" is, when appropriate, any judge, prosecutor, judicial police officer, state police officer, defence counsel, psychologist, social worker, mediator, employee of the Unit for Protection of Rights of the Child and probation service, employee of rehabilitation institution for children and detention and prison employee, as well as any other structure/official involved in this process who exercise the responsibilities and competences foreseen in this Code and who are trained and specialised in criminal cases involving children and young adults.

16“Legal representative” is the parent, relative or child's guardian, who participate in criminal justice proceedings involving children to protect interests of the child.

17“Procedural representative” is the person as per the meaning defined in the law in force on the rights and protection of the child who represents the child procedurally, according to the provisions of this Code.

18"Trusted person" is the adult person indicated by the child and accepted by the competent body who accompanies the child throughout the stages of criminal prosecution

19“Rehabilitation Centre/Institution for children” is a structure or programme where children whether sentenced or not, are placed or involved, which is equipped with the appropriate infrastructure and staff to meet the special needs of the child and execute the court decision.

20“Re-victimization” is inflicting harm on a child victim of a criminal offence due to a new criminal offence linked to the previous one.

21“Re-socialization/rehabilitation” is encouraging and developing in children of a sense of responsibility and respect for the rights of others, the facilitation of physical, mental, spiritual, moral and social development of children and preparing them to reintegrate into society.

22“Incentive” means several additional benefits in addition to those the child is entitled to on regular basis, because of good behaviour and implementation of the rehabilitation and reintegration program.

23“Diversion” is the alternative measure for non-initiation, suspension or dismissal of criminal proceedings against the child in conflict with the law, according to the provisions of this Code;

24“Secondary/repeated victimization” is the situation where a child victim of a criminal offence may suffer damage because of involvement in criminal justice proceedings.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment