Juvenile Justice in the Czech Republic Katarína Kandová.

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Presentation transcript:

Juvenile Justice in the Czech Republic Katarína Kandová

Legal Regulation special treatment special regulation ACT ON JUVENILE JUSTICE

MODIFICATION conditions of criminal liability criminal sanctions criminal procedure

Principle of Restorative Justice REcovery of social and family relations REstraining from other wrongful actsREparation for the injury

Basic terminology YOUTH Juveniles wrongdoing otherwise criminl act Children otherwise criminl act

Children under 15 OTHERWISE CRIMINAL ACT OBJECT protected by Criminal Code SUBJECTIVE ELEMENT intention / negligence NO SUBJECT (lack of age) OBJECTIVE ELEMENT acting → causality → consequence

Children under 15 - MEASURES Protective Rehabilitation Admonition with Warning Probation Supervision Reformatory Programme Protective Treatment Reformatory Restrictions Reformatory Duties

Procedure against children under 15 POLICE defers criminal proceedings PROSECUTOR files a motion to commencement of civil proceedings JUVENILE COURT imposes the measure

Criminal Liability of Juveniles Intellectual Maturity Moral Maturity Relative Criminal Liability WRONGDOING OTHERWISE CRIMINAL ACT

Expiration of Criminal Liability Effective Remorse moderate conditions Limination Periods shortened to one half

Juveniles - MEASURES PunitiveProtectiveReformative

Modification of Sanctioning Withdrawal of Punitive MeasureMitigating CircumstancesEffacement of Punitive Measure

Punitive measures Suspended Pecuniary Measure Pecuniary Measure IMPRISON -MENT Suspended Imprisonment with SUPERVISION Suspended IMPRISON -MENT COMMUNITY SERVICE BANISH- MENT HOUSE ARREST PROHIBITION of entry to sport, cultural and other EVENTS FORFEITURE of THING PROHIBITION to undertake ACTIVITY

Protective measures Protective Rehabilition Protective Treatment Security Detention Seizure of Thing

Reformative measures Admonition with Warning Reformatory Restrictions Probation Programme Probation Supervision Reformatory Duties

Basic Principles of Criminal Procedure SPECIAL TREATMENTPREVENTIVE & EDUCATIVE EFFECTRESTORATIVE EFFECT

Special Treatment special qualification of law enforcement authorities Police Prosecutor Juvenile Court obligatory defence higher protection of privacy

Preventive and Educative Effect Cooperation with… legal representatives, school, educative institutions Office of Social-Legal Protection of Children Probation and Mediation Service, NGO´s

Restorative Effect DIVERSIONS Withdrawal from Criminal Prosecution Settlement Conditional Suspension of Criminal Prosecution Compensating Aggrieved Party

ANY QUESTIONS ?

Thank you for attention