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Implementation of the Directive on Procedural Safeguards for Children Who are Suspects or Accused Persons in Criminal Proceedings in the Amendment to the Juvenile Courts Act

Ivana Radić ; poslijedoktorandica na Katedri za kazneno procesno pravo Pravnog fakulteta Sveučilišta u Splitu, Split, Hrvatska


Puni tekst: hrvatski pdf 369 Kb

str. 571-601

preuzimanja: 580

citiraj


Sažetak

In the last decade, European legislation has sought to establish the harmonisation of the national legislation of EU Member States in the fi eld of criminal procedure by adopting a series of directives that regulate the procedural rights of suspects or accused persons in criminal proceedings. The last in a series of directives adopted by the European Parliament and the Council of the EU in line with the Roadmap for Strengthening Procedural Rights of Suspected and Accused Persons in Criminal Proceedings is Directive 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. Member States were obliged to implement the Directive into their national legislation by 11 June 2019, and the Republic of Croatia has fulfi lled this obligation with the latest amendments of the Juvenile Courts Act. The paper analyses the most important criminal procedural rights for juvenile offenders that are stipulated in the Directive by critically analysing their content through the latest amendments of the Juvenile Courts Act in order to determine how the most important criminal procedural rights from the Directive are regulated in Croatian legislation. The aim of this paper is to determine whether the procedural standards prescribed by the Directive are properly transposed into the Juvenile Courts Act and whether juveniles are guaranteed all procedural rights in criminal proceedings in accordance with the provisions of the Juvenile Court Act in the manner required by the Directive.

Ključne riječi

juveniles; criminal proceedings; Directive 2016/800 / EU; Juvenile Courts Act

Hrčak ID:

253326

URI

https://hrcak.srce.hr/253326

Datum izdavanja:

14.12.2020.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.521 *