POSTUPOVNA JAMSTVA ZA DJECU U KRIVIČNIM POSTUPCIMA: PROCJENA USKLAĐENOSTI ZAKONA O KRIVIČNOM POSTUPKU BOSNE I HERCEGOVINE SA DIREKTIVOM (EU) 2016/800
PROCEDURAL SAFEGUARDS FOR CHILDREN IN CRIMINAL PROCEEDINGS: ASSESSING THE COMPLIANCE OF THE CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA WITH DIRECTIVE (EU) 2016/800

Summary/Abstract: This paper examines the degree of alignment between the Criminal Procedure Code of Bosnia and Herzegovina and Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. Using a framework of functional and normative comparison, the study assesses whether the domestic procedural system establishes a coherent child friendly justice model or whether the protection of children is ensured only indirectly through general fair-trial guarantees. The analysis demonstrates that the CPC of Bosnia and Herzegovina contain score procedural safeguards, including the right to defence, exclusion of unlawful evidence, procedural fairness, and limitations on the duration of detention, which are compatible with the underlying protective logic of the Directive. However, Directive (EU) 2016/800 introduces a qualitatively more developed child-specific framework based on the best interests of the child, individual assessment of needs, child-appropriate information, mandatory involvement of holders of parental responsibility, specific safeguards during questioning, and a restrictive approach to deprivation of liberty as a measure of last resort. Compared to this model, the domestic framework reflects partial alignment: certain Directive requirements are functionally present but not systematically codified. The paper concludes that full harmonization requires targeted legislative reforms aimed at integrating the concept of child-friendly justice into the structure of criminal procedure, particularly through the introduction of mandatory individual assessment, strengthened safeguards during questioning, and amore precise regulation of deprivation of liberty for children.

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