Juvenile criminal legislation in the Swiss confederation Cover Image

Малолетничко кривично законодавство у Швајцарској конфедерацији
Juvenile criminal legislation in the Swiss confederation

Author(s): Vladimir Miletić
Subject(s): Criminal Law, Comparative Law
Published by: Институт за међународну политику и привреду
Keywords: Juvenile;criminal offense;court;liability;sanctions;Swiss criminal law

Summary/Abstract: The Swiss Law on Juvenile Criminal Law of 2003 belongs to a group of modern laws that regulate in a specific way the status of juvenile offenders in substantive, procedural and applicable law. The law refers to juvenile perpetrators of crimes aged 10 to 18 years at the time of the commission of the crime. Persons below this age are treated as children outside the area of criminal law and are subject to social assistance measures. The Law emphasizes the obligation of the court to take into account the protection of their personality, respect for life and family circumstances, and the development and raising of juveniles when complying with the criminal procedure against minors, which is in accordance with international standards. The law distinguishes two types of sanctions that can be imposed on juvenile perpetrators of criminal offenses: protective measures pertaining to perpetrators who need special supervision or therapeutic treatment and penalties related to juvenile perpetrators of serious crimes. In each case, the Court preliminary examines the personality of the minor and his personal relationship and character. In certain cases, the court may pass a decision on outpatient or stationary (institutional) supervision of a minor. As a rule, this is preceded by a medical or psychological examination of the competent institution. It is also possible to use protective precautionary measures even during the examination of personal relationships of juveniles.

  • Issue Year: 2018
  • Issue No: 64
  • Page Range: 41-61
  • Page Count: 21
  • Language: Serbian