Juvenile criminal proceedings: a guide for parents and guardians — from prevention to rehabilitation

When a minor comes into conflict with the law, the whole family enters a state of crisis. At such moments, the most important thing is to understand that our legal system does not treat minors as adult criminals. The focus is not on punishment as retribution, but on education, protection and assistance, in order to ensure the proper development of the young person's personality and their reintegration into society.

Who is a minor in the eyes of the law?

The law clearly categorises offenders according to their age at the time the offence was committed:

• Children (under 14): they are not criminally liable. No criminal sanctions or measures under this law can be imposed on them.
• Younger juveniles (14–16): only educational measures may be imposed on them.
• Older juveniles (16–18): educational measures are imposed as a rule, and only exceptionally, for the most serious offences and with a high degree of culpability, a sentence of juvenile imprisonment.

The aim and purpose of the proceedings: why “education” and not “punishment”?

The main difference between proceedings for adults and for juveniles lies in their aim. For adults, general prevention and retribution prevail, while for young people the focus is on special prevention: preventing that child from offending again. When choosing a measure, the judge takes into account:

• the child's age and level of maturity,
• the environment and circumstances in which they live,
• their conduct after the offence (whether they tried to repair the damage).

Types of educational measures: from the mildest to the strictest

The law provides for three groups of measures that the court may impose:

A. Measures of warning and guidance. These are imposed when a reprimand or a specific obligation is sufficient to influence the child. They include a judicial reprimand (when it is enough simply to reprimand the minor) or special obligations (for example, to apologise to the injured party or complete a vocational training course).

A specific measure is enhanced supervision with day attendance at an institution, where the child spends part of the day working with professionals but sleeps at home.

Slaviša Cincarević

B. Measures of enhanced supervision. These are used when longer-term professional work is needed, but without removing the child from the family. Supervision may be carried out by the parents (if they failed in their care but are able to provide it), another family or, most often, the guardianship authority (the Centre for Social Work). A specific measure is enhanced supervision with day attendance at an institution, where the child spends part of the day working with professionals but sleeps at home.

C. Institutional measures (the last resort). These are imposed only when complete removal from the environment is necessary. They are placement in an educational institution (from six months to two years) or in a juvenile correctional home (from six months to four years).

Juvenile imprisonment: when there is no other option

Only an older juvenile may be sentenced to imprisonment, if they committed an offence punishable by more than five years' imprisonment and, given the gravity of the offence and the high degree of culpability, an educational measure would not be justified. The minimum sentence is six months and the maximum five years (exceptionally ten years for the most serious offences, such as those punishable by twenty years' imprisonment).

The role of the lawyer and the rights of the family

In juvenile proceedings, defence is mandatory. The minor must have a defence lawyer who has completed special training in children's rights. Parents have the right to attend all procedural steps, unless the judge considers this to be against the child's interests.

Conclusion: prevention begins with understanding

The biggest mistake parents can make is to ignore the first signs of trouble or to enter the proceedings without professional support. Our aim as lawyers is to ensure that your child is treated fairly, that every opportunity for diversion measures is used and that a stigma which can last a lifetime is avoided.

Ask yourself: is it better for a child to learn a lesson today through a diversion measure, or tomorrow through a criminal record?

This text expresses the author's professional opinion and does not constitute legal advice for a specific case.