Although it is easier to judge the maturity of the perpetrator of a criminal offense by using only numbers as exact facts (14, 16, 18 years), it is not always the most correct. It is often more important to "measure" the degree of development of one's mind and soul
Bojana Savovic...
The public was taken aback by the fact that persons under the age of 14 are not criminally responsible. Therefore, it seems necessary to further explain the way in which the criminal justice system considers the age of the perpetrator of an illegal act.
In the state's treatment of young people, numbers and calendar age are not decisive, but the state of mind and soul. This is also indicated by the fact that the provisions of the Law on Juvenile Offenders and Criminal Protection of Juveniles can be applied to an adult (but only a younger adult) who was 18 years old at the time of the commission of the crime, but was not 21 years old at the time of the trial. In order for such a thing to be done, it is necessary that the personality of the perpetrator and the circumstances under which he committed the act are such that it can be expected that even through educational measures, the purpose that would be achieved by the imposition of a sentence will be achieved.
Therefore, the Law gives the possibility to judge even adults, but only younger ones, as if they had committed a criminal offense as minors.
EXPERT ASSESSMENTS
If the experts, psychiatrists and psychologists, after the psychological examination of the perpetrator of the criminal act and after his psychiatric examination, determine that the state of general mental development of that younger adult (person aged 18 to 21) does not correspond to the expected average for the calendar age to which he belongs, i.e. that it corresponds to the mental development of an older minor and after obtaining the opinion of the Center for Social Work, he will be tried as a minor.
It is important to note that his intellectual abilities may be within the limits of the average, but that on the emotional level there are signs of infantility, insecurity, changing self-confidence, anxiety, etc. He does not have to have any psychopathological disorder, and his ability to understand the significance of the act as well as the ability to manage actions can be preserved. However, the degree of his general mental development may still be below his calendar age.
Although it is easier to judge the maturity of the perpetrator of a criminal offense by using only numbers as exact facts (14, 16, 18 years), it is not always the most correct. It is often more important to "measure" the degree of development of one's mind and soul.
Likewise, if an adult commits any act that has all the features of a criminal offense, but was insane at the time of the commission of the criminal offense, he will not go to prison, but will be sentenced to a security measure of mandatory psychiatric treatment and custody in a health facility, or security measure of mandatory psychiatric treatment at liberty. The court will suspend such measures when it determines that the need for treatment and custody of the perpetrator in a health institution has ceased.
The offender is insane who due to mental illness, temporary mental disorder, retarded mental development or other severe social disorder (therefore, due to some biological condition) could not understand the significance of his act or who could not manage his actions (he has certain mental disorders caused by those states).
On the other hand, if a person has mental disorders, even if he has not committed a criminal offense or is criminally irresponsible, he can be detained and placed in a psychiatric institution without his consent if a medical doctor or a psychiatrist assesses that, due to mental disorders, serious and directly threatens his own life, health or safety, or if he seriously and directly threatens the life, health and safety of another person (Law on the Protection of Persons with Mental Disabilities, which applies regardless of the person's age). This procedure of detaining and housing a person can be initiated by members of his immediate family, guardianship authority, employer and health workers by notifying the police and emergency services about the threatening behavior of that person.
These are also the answers to the questions we often hear in recent days - what can the system do if someone is dangerous to himself or others? What if someone cannot be criminally sanctioned? From the attached we see that the system has other mechanisms by which it can protect the community from individuals who pose a danger to themselves or others as long as such danger lasts.
DECISIONS OF THE COURT
When the psychiatrist determines that there are medical reasons for inpatient treatment and detention of a person without his consent, the council of the psychiatric institution meets on the next working day at the latest to re-evaluate the situation. Within 24 hours of the consular examination, the psychiatric institution informs the court (in the area where the psychiatric institution is located) of the detention. Therefore, the court decides on the further detention of that person without his consent, and it decides how long that person will be detained.
When making a decision on retention or dismissal, the court analyzes the opinion of an expert psychiatrist, obtains the opinion of a child psychiatry specialist who personally examines that person. The court also requests notification from the center for social work, from members of the immediate family or from other persons who can provide information important for making a decision whether or not that person should be kept in a psychiatric institution. The court decides on the detention of that person first for a period of 30 days, and if the psychiatric institution proposes an extension, the court can extend that detention for another three months, and any further extension of detention can only be done on the basis of a court decision, for a period of six months. as long as there is such a need.
In Serbia today, there is no special court and special prosecutor's office for juvenile crime, but in the High Public Prosecutor's Offices and High Courts either all judges and prosecutors deal with such cases or a special judge or prosecutor is in charge of it, without special, continuous specialization, except for the necessary (basic ) of the certificate. Judges and prosecutors are assigned to work in that area at their discretion and for an uncertain period of time by the president of the court or the chief public prosecutor, without their consent, express request and without particularly expressed interest or sensibility for this matter.
The Beijing Rules (United Nations Standard Minimum Rules for Juvenile Justice) influenced the formation of standards that were later incorporated into the Convention on the Rights of the Child. The aim of these rules is to indicate to the states that they should improve the well-being of both juvenile offenders and their families, that states should develop conditions that will promote the positive development of the child, to provide them with a purposeful life in the community, especially at the age when the child is most sensitive and prone to antisocial behavior, and that the services of the juvenile justice system should include professional development of all experts in this area.
Although these rules were adopted back in 1985, and the UN Convention on the Rights of the Child back in 1989 (which we ratified in 1990), it seems that awareness of the state's obligation to improve the well-being of children and their families, to promote positive development of children as well as improving all experts in the service of the juvenile justice system.
The author is a deputy of the High Public Prosecutor in Belgrade
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