1 During the decision-making process, the court shall consider that imprisonment of the child is the last possible resort that is considered only if the measures of diversion foreseen in Chapter VII of this Code are inappropriate.

2The court, when taking the decision, shall consider primarily the best interest of the child and the individual assessment report.

3The court, when taking the decision against a child who has been declared guilty of a criminal offence, shall consider as well:

atreatment of a child in an appropriate manner to ensure child’s well-being;

badaptation to the circumstances and seriousness of the criminal offence, as well as the age, individual circumstances and special needs of the child;

cpromotion of reintegration of the child and child’s involvement, as much as possible, in a constructive role in the society;

çprovision of an individual plan concerning the above-said;

dimposition of the most appropriate sentence to correct the behaviour of the child.

4The penalty order foreseen in article 406/a to 406/f of the Code of Criminal Procedure shall not apply in the case of the child in conflict with the law.

5Judgement upon agreement, foreseen in article 406/d to 406/f of the Code of Criminal Procedure, shall apply in the case of application of diversion measure against the child in conflict with the law.