Policy of Pronouncing Criminal Sanctions to Juvenile Offenders in the Republic of Serbia

The Center for Peace and Democracy Development (CPDD) organized a round table entitled “Policy of Pronouncing Criminal Sanctions to Juvenile Offenders in the Republic of Serbia“, on November 17th, 2008, in the Aeroklub in Belgrade, at 4, Uzun Mirkova Street.

 

The realization of this gathering was supported by the Royal Netherlands Embassy in Belgrade.

The introductory speakers at the round table were as follows: prof. dr Milan Škulić (Mr), dr Ivana Stevanović (Ms), Mr Nikola Milošević, Mr Nenad Vujić and Mr Aleksandar Resanović.

The round table had a total of 60 participants – representatives of competent state authorities, courts of law, prosecution authorities, bar associations, international, non-governmental and other organizations, experts, as well as media representatives.  

Work on the project was presented at the round table. It was pointed out that the subject research included the following nine criminal offences from the Penal Code: 1. Murder; 2. Serious bodily harm; 3. Rape; 4. Child molestation; 5. Prohibited sexual acts; 6. Grand larceny; 7. Robbery; 8. Unlawful production, possession and trafficking of narcotics, and 9. Facilitating abuse of narcotics. The aforementioned offences were chosen with regards to frequency, danger to society and interest they stir in the public.

The research was realised in ten district courts in Serbia and certain district municipal courts, these being in: 1. Belgrade, 2. Novi Sad, 3. Sremska Mitrovica, 4. Pančevo, 5. Niš, 6. Kragujevac, 7. Požarevac, 8. Valjevo, 9. Vranje, and 10. Novi Pazar. The courts in the aforementioned towns were selected with regards to territorial jurisdiction, geographical position and the fact that they cover to a great extent the overall juvenile delinquency in Serbia.  

The research refers to the period from January 1st, 2003 to December 31st, 2007. 

Research designed in such a way, after statistical and legal processing, provided insight into what the global policy of pronouncing criminal sanctions to underage persons in Serbia is like, and what it is like with regards to particular criminal offences, particular courts of law, as well as the time of ruling (according to the old law which applied until December 31st, 2005, and according to the new Law on juvenile perpetrators of criminal offences and criminal-justice protection of underage persons, which applies from January 1st, 2006).

After hours-long work at the round table, on occasion of which the introductory speakers delivered their presentations, and most of the present participants engaged in discussion, we present the observations, conclusions and recommendations of this round table:

1. Inadequate cooperation of relevant ministries was observed, in the sense of creating objective conditions for executing all types of criminal sanctions for juvenile offenders in the entire territory of the Republic of Serbia (e.g. correctional measures of sending juvenile offenders to a special institution for treatment and training of underage persons, which cannot be realised because such institutions, i.e. special departments within the health and social security systems, are not at the disposal of the juvenile judicial system in Serbia);

2. The problem of passing decrees by a system outside the judiciary one was pointed out, which are of importance for the juvenile judicial system, and in contrast with the Law on juvenile perpetrators of criminal offences and criminal-justice protection of underage persons, as lex specialis. On this occasion, the Rulebook on the organisation, normatives and standards of work of social welfare centers (”Official Gazette of the Republic of Serbia”, no. 59/08) was especially pointed out, which envisages the new institute of case manager within the responsibility of the work of the center for social work and defines the notion of »professional worker« as a person who deals with affairs related to social work, administrative and legal business or tasks of planning and development, to a large extent omitting the area of psychological expertise in establishing the level of maturity of juvenile offenders and other characteristics of their personality, which is of special importance for judges and prosecutors for juvenile offenders in proceedings against juvenile offenders. Taking into account all that has been mentioned above, as a general conclusion of all those present a recommendation was put forward on the necessity of the Ministry of Justice to enable the opening of a job vacancy for a psychologist, at the request of district courts and district public prosecutor's offices, by expanding the systematization in these judicial organs, not only to work on the tasks concerning the cases of juvenile offenders in different phases of the proceedings, but also on other suitable tasks close to the profile of this professional. This type of solution is envisaged by many comparative legislatures, and for a number of years it has been present in our procedural legislation for juvenile offenders as well, but it has not been realised in practice, except in the Department for juvenile offenders of the District court in Belgrade);

3. It was pointed out that there is the necessity, for which a recommendation was given, to form a special organisational unit, with the Ministry of Justice, which would deal with judiciary matters concerning juvenile offenders (both when criminal offences and minor offences committed by underage persons are concerned). This organisational unit should also take over the coordination with other relevant ministries and their organs and institutions, as well as the cooperation with organisations of civil society and the local government and self-government;

4. It was concluded that the issue of the expenditure of executing certain correctional measures should be resolved in a unique manner, and in accordance with a previously established agreement between the Ministry of Justice and the Ministry of Labour and Social Policy, in order to avoid problems which occur with the admission and accommodation of juvenile offenders outside the institutions which are in the system of the Ministry of Justice;

5. It was recommended to the Ministry of Justice that it should, in cooperation with other relevant ministries and institutions, urgently adopt the remaining decrees in accordance with the Law on juvenile perpetrators of criminal offences and criminal-justice protection of underage personsand revive work on modifying and supplementing this law to meet the requirements of practice and the need to harmonise this law with procedural legislation;

6. It was recommended to the Supreme Court of Serbia that it should, as a court of the second instance in cases against juvenile offenders, take over the most important role in harmonising and creating court practice in this area,  as well as in instituting a suitable position for judiciary for juvenile offenders in the overall judicial system of Serbia;

7. It was recommended to the Ministry of Justice that it should, in cooperation with the National mediation center, finally resolve the matter of issuing special licences for mediators to work in cases of  mediation between the juvenile offender and the injured party;

8. It was recommended to the Ministry of Justice that in the future it should support the organisation of professional round tables in this area in order to contribute to full implementation of the Law on juvenile perpetrators of criminal offences and criminal-justice protection of underage persons, in its entirety and in the whole territory of the Republic of Serbia.