Original scientific paper
https://doi.org/10.3935/zpfz.71.34.03
The Croatian Juvenile Justice System Through Case Law Concerning Juvenile Incarceration and Reservation of the Right to Impose the Sentence of Juvenile Incarceration – Are There Criteria or Do the Courts Have Total Discretion?
Marta Dragičević Prtenjača
orcid.org/0000-0001-9666-4765
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Reana Bezić
orcid.org/0000-0002-1299-0860
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Marina Zagorec
orcid.org/0000-0001-9392-8155
; City Office for Property Affairs, City of Zagreb, Zagreb, Croatia
Abstract
Juvenile courts throughout Croatia impose sanctions on juvenile offenders (juveniles). Their decision-making often raises issues of their discretion in deciding on the application of juvenile sanctions, especially juvenile incarceration and its suspension (Reservation of the Right to Impose the Sentence of Juvenile Incarceration), which can be a significant issue in terms of the uniformity of the juvenile case law. Therefore, the research sought to examine whether there are certain formal criteria for distinguishing the application of juvenile incarceration from its suspension (Reservation of the Right to Impose the Sentence of Juvenile Incarceration), or if there are criteria that judges use when deciding when and in which cases to apply juvenile imprisonment, and when its suspension. Consequently, the following Hypothesis is set: There are criteria for distinguishing the application of juvenile incarceration from the suspension of sentence of juvenile incarceration (Reservation of the Right to Impose the Sentence of Juvenile Incarceration). Normative - descriptive, qualitative and descriptive analyses were used to test the hypothesis in the research.
Keywords
juvenile incarceration; suspended sentence (Reservation of the Right to Impose the Sentence of Juvenile Incarceration); sentencing; the discretion of courts in decision making
Hrčak ID:
266108
URI
Publication date:
15.11.2021.
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