Snižavanje starosne granice krivične odgovornosti - večita dilema?

Abstract

Two mass murders that took place at the beginning of May 2023 disturbed and shocked the public in Serbia. The mass murder that took place in the Elementary School "Vladislav Ribnikar" in Belgrade, in which the perpetrator was a boy who was under the age of criminal responsibility at the time of the act, once again brought up the issue of lowering the age of criminal responsibility and tightening the penal policy to the fore. Such demands are in line with the contemporary penal populism and the concept of moral panic, especially with regard to juvenile delinquency. However, the question of the justification of strengthening the repression arises, especially the potential expansion of the circle of persons who can be covered by the criminal law reaction as a result of potential lowering of the age limit of criminal responsibility. Taking that as a starting point, the paper analyzes several key reasons against lowering the age limit of criminal responsibility in Serbia, including: the issue of psycho-physical and social (im)maturity of minors, the requirements of international documents that set the standards of behavior in the best interest of the child, and some comparative solutions, trends and structure of juvenile crime in Serbia, and the purpose of criminal law response to juvenile crime. The analysis of the stated reasons indicates that there is no evidence in favor of lowering the limit of criminal responsibility, but that moral panics related to juvenile delinquency should trigger society and the state to develop prevention programs, especially those based on the principles of restorative justice.