Original scientific paper
https://doi.org/10.54070/hljk.29.2.6
JUVENILE CRIMINAL LAW – QUID ACCIDIT? PROBLEMS IN THE IMPLEMENTATION OF CERTAIN RIGHTS FROM DIRECTIVE 2016/800/EU IN PRACTICE
Marta Dragičević Prtenjača
orcid.org/0000-0001-9666-4765
; Sveučilište u Zagrebu Pravni fakultet, Zagreb, Hrvatska
Ivana Radić
; Sveučilište u Splitu Pravni fakultet, Split, Hrvatska
Dijana Rizvić
orcid.org/0000-0002-5569-2038
; Općinski kazneni sud u Zagrebu, Zagreb, Hrvatska
Abstract
The frequent changes in criminal legislation aimed at harmonising the national criminal procedures of EU Member States also have an impact on juvenile criminal law. The latest amendment to the Juvenile Justice Act was made in 2019 due to the implementation of Directive 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. Although the provisions of the Directive have been successfully transposed into the Juvenile Courts Act, problems have been observed in practice in the application of certain provisions of the law. Therefore, this paper analyses individual rights from the Directive (the right to inform parents and guardians of procedural rights, the right to be accompanied by parents or guardians or other appropriate persons, and the right to individual assessment) where there is evidence of inconsistencies in their application and in their implementation in
the practice of courts and competent authorities that participate in proceedings against minors. The aim of the paper is to explain relevant legal provisions from the JCA and the Directive regarding these rights and to analyse how they are being implemented in everyday practice in the courts and what problems arise in their application. For this purpose, the authors tackle each of the above-mentioned rights by analysing relevant legal provisions and their compliance
with the requirements of the Directive and provide an overview of the implementation of these rights in practice and the problems detected through the results of the conducted research. In the conclusion, the authors present proposals for the observed shortcomings in the application of the mentioned rights in practice.
Keywords
juveniles, criminal procedure, Directive 2016/800/EU, Juvenile Courts Act
Hrčak ID:
288484
URI
Publication date:
29.11.2022.
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