Krivično delo vanbračna zajednica sa maloletnikom de lege lata i de lege ferenda

Abstract

As juveniles fall into the category of insufficiently mature and vulnerable persons, Serbian law has traditionally recognized the special status of minors within the framework of criminal law protection, regardless of whether they are perpetrators or victims of crimes. In recent times, certain steps have been taken to ensure their more comprehensive protection. However, in all these efforts to strengthen the criminal-law protection of minors, one of the criminal offences against marriage and family seems to have remained "under the radar": the criminal offence of cohabitation with a minor (Article 190 of the Criminal Code). While life in an extramarital union can be harmful for minor's health, education, economic situation (etc.), this cohabitation community with a minor may be just a cover for sexual, labor or other forms of exploitation and abuse of minors. In this context, the subject matter of research in this paper is the normative framework of this criminal offence, and its application in domestic judicial practice, particularly in view of achieving the criminal-policy goals de lege ferenda.