Maloletnički zatvor u uporednom zakonodavstvu (Kanada - Nemačka - Francuska)

Abstract

Punishment of minors is a remarkable and most rigorous way to respond to their criminal behavior. Conditions for its imposition, measurement method, the possibilities of conditional release, conditional postponement under certain conditions and for a limited time in certain jurisdictions show uniqueness of the legal regulation of juvenile prisons. Serbia in the last decade for the first time in its criminal law enacted special legislation regulating criminal and legal status of minors. When writing the laws the authors have used foreign experience, mainly in countries where there is a long tradition of independence of juvenile criminal law. Although several years passed from the adoption of the Law on Juvenile Offenders and Criminal Protection of Juveniles, still there are problems in its practical application. Taking into account the circumstances of the juvenile law and our social reality that often does not have enough capacity to keep pace with application of a number of legal solutions drawn from comparative legislation in all areas of law, it is useful to give a brief overview of the application of juvenile detention in comparative law. In accordance with the scope provided for the publication of scientific work, the author has chosen three countries that belong to the American and European continent (Canada, Germany and France). They are subject to special laws and by-laws governing the status of the juvenile and criminal justice regime imposition and implementation of juvenile detention. The selected states are characterized by the presence of the similarities and differences in the regulation of criminal status of minors in terms of prescribing more stringent or more lenient conditions for imposing, measuring and implementation of juvenile detention. It is necessary to indicate the presence of defects when it comes to the process of regulating juvenile matter in individual countries, which will also be highlighted.