Izvorni znanstveni članak
https://doi.org/10.54070/hljk.28.1.1
Application of Juvenile Law in Criminal Proceedings Against Young Adults
Marina Carić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Marija Pleić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Ivana Radić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
Recent scientific research shows that the process of a young person maturing in modern society is increasingly prolonged and ends only in their mid-20s. This process is not uniform and it is therefore difficult to unambiguously determine the formal age limit of criminal liability in terms of chronological age. This is why modern criminal legislations recognise the category of young adult as a type of transition from juvenile to general criminal legislation, which usually includes persons from 18 to 21 years of age. The legal status of young adults in Croatia is regulated by the provisions of the Juvenile Courts Act (JCA). The general rule is that the provisions of general criminal legislation are primarily valid for young adults, and, in the case of meeting the legal requirements of Art. 105 JCA, certain provisions of juvenile criminal legislation apply. The authors first analyse the substantive and procedural position of young adults in Croatian legislation, and then give an overview of the comparative legal solutions of some European legislation. The second part of the paper presents data on the application of juvenile law in court practice. The aim of the paper is to determine how the provisions of Art. 105 JCA apply to young adults, and to what extent the possibilities provided by the JCA are
used in criminal proceedings against young adults. The authors conclude on the possibilities to apply more widely juvenile law in domestic court practice, but not so widely that the boundaries of juvenile age and young adulthood would blur. The authors present de lege ferenda solutions in relation to the application of certain procedural provisions.
Ključne riječi
criminal proceedings; young adults; juvenile sanctions; Juvenile Courts Act
Hrčak ID:
269208
URI
Datum izdavanja:
14.10.2021.
Posjeta: 2.478 *