Review article
https://doi.org/10.25234/pv/29119
THE INSTITUTE OF SPECIAL GUARDIANSHIP IN THE CONTEXT OF PROTECTING THE RIGHTS OF MINORS IN JUVENILE CRIMINAL LAW
Marta Dragičević Prtenjača
orcid.org/0000-0001-9666-4765
; Faculty of law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Croatia
*
Dijana Rizvić
; Municipal Criminal Court in Zagreb, Ilica 207, 10 000 Zagreb, Croatia
*
Josipa Rendulić
orcid.org/0009-0004-8213-1393
; Municipal Court in Bjelovar, Josipa Jelacica 1, 43000 Bjelovar, Croatia
*
* Corresponding author.
Abstract
The Institute of Special Guardianship was introduced into Croatian juvenile legislation in 2019, by implementing the provisions of Directive 2016/800, which establishes procedural safeguards for minors who are suspects or accused in criminal proceedings. Although this institute was presented as a significant step in protecting the rights of children, four years after its implementation, challenges in its functioning have emerged that deviated from the initial expectations. The authors of this paper carefully analyse the development of the Institute of Special Guardianship, pointing out numerous existing dilemmas and shortcomings. They critically assess its implementation and highlight how it currently fails to fulfil its primary purpose. In their work, the authors propose a series of solutions de lege ferenda to improve the functioning of the Institute of Special Guardianship. Their recommendations are aimed at addressing existing problems and aligning the practice with international standards for the protection of children’s rights and minors. Their goal is to create an effective and fair system that will provide adequate protection and support for minors in criminal proceedings. Through this paper, the authors encourage further discussion and engagement to ensure that the Institute of Special Guardianship in Croatia fulfils its purpose and provides minors with appropriate protection and respect for their rights.
Keywords
Minors; Juvenile Criminal Law; Best Interests of the Child; Law on Youth Courts; Directive 2016/800 (EU) on Procedural Safeguards for Children; Special Guardianship
Hrčak ID:
319976
URI
Publication date:
31.7.2024.
Visits: 358 *