Особености при постановяването на присъда по дела за престъпления, извършени от непълнолетни
Specific features of delivering judgments in criminal cases involving juvenile offenders

Summary/Abstract: The article examines the specific features of delivering and pronouncing judgments in criminal cases involving juvenile offenders, in the context of Bulgarian criminal and criminal procedural law and the international standards of juvenile justice. It analyses the particular issues that the court must address when delivering the judgment – the assessment of the juvenile’s capacity to understand the nature and significance of the act and to control his or her conduct, the application of Article 61 of the Criminal Code (CC), as well as the mechanism under Article 78a (6) CC for releasing juveniles from criminal liability with the imposition of educational or administrative measures. The article identifies the internal inconsistency between Article 301 (1) (4) and Article 305 (5) of the Criminal Procedure Code (CPC) and argues for a de lege ferenda amendment to eliminate this discrepancy. It further examines the principles of individualisation of punishment and the priority of rehabilitative and re-socialising aims in relation to juvenile offenders. The second part addresses the tension between the requirement for closed court hearings in cases involving juveniles and the constitutive obligation to publicly pronounce the judgment, in light of Article 6 ECHR, the jurisprudence of the ECtHR, the Beijing Rules, and comparative legal models. The article advocates for the introduction of a more flexible regime of publicity that adequately protects the identity and best interests of the juvenile.

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