UDK 343.815/053.6(497.6)
Biblid: 1451-3188, 16 (2017)
Vol. 17, No 61-62, str. 385-398

Izvorni naučni rad
Primljeno: 01 Jan 1970
Prihvaćeno: 01 Jan 1970


Joksić Ivan (Правни факултет за привреду и правосуђе Универзитета Привредна академија у Новом Саду), ijoksic@hotmail.rs
Matić Milorad (Градска управа у Лозници)
Milojević Goran

The minors, generally speaking, are the most sensitive categories of offenders in society. Their status position is linked to the general condition of the psycho-physical immaturity. It resulted in the first written legal sources glimpses of a more favourable attitude of lawmakers against minors. In ancient times until the present day, the juvenile was seen as vulnerable offenders. In criminal law, the status of a minor shows the presence of the various models, which are characterized by peculiarities in the Juvenile approach crime. However, serious updating of the criminal status of minors is linked to the emergence of restorative justice. It represented an antipode of a retributive approach to crime. First, as a unique way of treating crime, restorative justice has had its stronghold in the application of alternative measures against juveniles. On this basis, the majority of European countries revised the existing legal provisions and introduced, under various names, alternative measures against juveniles. Criminal legislation of the Republic of Srpska was the 1990s system of criminal reactions to minors, through the introduction of Educational Recommendations. These measures do not belong to criminal sanctions but to the criminal law specific type measures (sui generis). Specifics of corrective recommendations derived from their distinctive legal nature, the process conditions for imposing, an uncertain outcome in terms of the final outcome of the application, the competence of (prosecution and judgment), and others. Therefore, it is of paramount importance to point to the features of the educational recommendations in the Republic of Srpska.

Ključne reči: juvenile, criminal and legal status, restorative justice, corrective recommendations, the guardianship authority, the prosecution, the court