Maloletnički zatvor - kao 'Ultima ratio' u sankcionisanju maloletničke delinkvencije

Abstract

The juvenile delinquency attracts attention of science and general public in the last few years. At the same time, juvenile offenders, individually or collectively in organized groups, commit crimes more often in the area of the so called medium and sever crime. Furthermore if this issue is analyzed from a different angle, juvenile offenders belong to the most sensitive category of the criminal population, where most often the future severe cri­minal offenders are being 'recruited'. However among the entire list of measures and punishments that may be imposed against the juvenile offenders juvenile detention constitutes 'ultima ratio' or the last resort which may be imposed only against older juveniles. In line with the changes of the criminal law, the juvenile crime is for the first time regulated by the special Law on Juvenile Offenders and Criminal Law Protection of Juveniles (hereinafter: Law on Juveniles), which entered into force on January 1 2006. However, the Law on Juveniles did not introduce any novelties related to the issue of juvenile detention, comparing it to the time when the pro­visions on juveniles were constituent part of the Criminal Act. However there are some changes, different from the time when the juvenile detention was introduced into our law. Based on that, in this paper we will analyze juvenile detention from different aspects: theoretical, from the aspect of legislative and executive law, as well as penitentiary aspect of this criminal punishment and its treatment.