SPECIFIČNOSTI POLOŽAJA MALOLETNIKA U PREKRŠAJNOM POSTUPKU I PREKRŠAJNE SANKCIJE ZA MALOLETNIKE U SRBIJI
LEGAL STATUS OF JUVENILES AS OFFENDERS IN MISDEMEANOR PROCEEDINGS IN SERBIA

Summary/Abstract: Although misdemeanors are offenses that are characterized as less serious compared to crimes or felonies, in the case of juvenile offenders charged with a misdemeanor, a timely and adequate response is also extremely important, and should, by all means, include support and assistance for youngsters. Having in mind the above, the author has devoted the paper to the analysis of the specific position of juveniles under the Law on Misdemeanors of the Republic of Serbia, noting that in certain segments it differs significantly from the position of juvenile offenders charged with a crime. Thus, it seems that the Law on Misdemeanors does not sufficiently respect the educational needs of juveniles who are responsible for misdemeanors. On the other hand, unlike the law that refers to juvenile offenders charged with a crime/felony, the Law on Misdemeanors emphasizes the responsibility of parents and other persons obliged to take care of juveniles. The author analyzes the provisions related to juvenile imprisonment under the Law on Misdemeanors, noting that thirty days, which is the maximum length of imprisonment for juveniles, may not be enough for any sort of educational work. The normative-dogmatic and comparative method has been applied, while the paper has aimed to formulate recommendations for future improvements of legal solutions for juvenile offenders.

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