Probacja (Dec 2019)
ARTICLE 10 SECTION 2 OF THE CRIMINAL CODE AND ARTICLE 94 OF THE ACT ON JUVENILE DELINQUENCY PROCEEDINGS IN THE VIEW OF ARTICLE 40 SECTION 3 OF THE CONVENTION ON THE RIGHTS OF THE CHILD: A FEW WORDS ON CRIMINAL RESPONSIBILITY OF JUVENILES
Abstract
The aim of this paper is to analyse cases where a juvenile may be held criminally responsible, particularly to analyse the case provided for in Article 94 of the Act on Juvenile Delinquency Proceedings in the view of Article 40 section 3 of the Convention on the Rights of the Child. The research method applied in the paper is the dogmatic-legal method. Therefore, the analyses of cases where a juvenile may be held criminally responsible from the perspective of Article 40 section 3 Convention on the Rights of the Child were performed by means of investigating normative material referring to all the matters covered in the paper. As a result of the conducted considerations it has been concluded that, 1) Article 10 paragraph 2 of the Criminal Code satisfi ed the minimum requirements provided for in Article 40 section 3 of the Convention on the Rights of the Child, 2) Article 94 of the said Act fails to satisfy the minimum requirements provided for in Article 40 section 3 of the Convention on the Rights of the Child, 3) it should be advocated that Article 94 of the said Act be revoked.
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