Pronouncement is not linked to other measures, but it can be ordered only if it was proved that a juvenile was not accountable while perpetrating a criminal offence. In the RS this is being implemented through the residential Psychiatric Institution in Sokolac.
Can be pronounced in connection with an educational measure and only after examination by the appointed expert
As for 2 above.
Pronounced in lieu of an educational measure.
Expulsion of a foreigner from a country may not be ordered together with other disciplinary measures or institutional measures.
Pronouncement for older juveniles (16 to 18 years). In the RS, this is being implemented in the prisons in Srbinje/Foca (male juveniles) and Srpsko Sarajevo (female juveniles).
Criminal Sanctions for Juveniles in the Federation of BiH
Criminal sanctions for juveniles in the Federation of BiH are determined by the Criminal Code of the Federation of BiH, Art. 61 and Art 70 to Art 102, given below in Table 2.
There is a great deal of similarity between the criminal sanctions in the Federation of BiH and those in the RS. This is rooted in their inheritance of the same criminal legislation. The substantial difference in the Federation of BiH is the introduction of Educational Recommendations. In this regard, the Criminal Code of the Federation of BiH stipulates the following in Chapter VI, ‘Rules relating to Educational Measures and Punishing Juveniles’:
Educational Recommendations – which can be pronounced to a juvenile for criminal offences punished by a fine or imprisonment not exceeding three years regardless the age of a juvenile.
Educational Measures – which can be pronounced to juveniles aged 14 to 18.
Juvenile Imprisonment – which can be pronounced only to juveniles aged over 16 years.
Educational recommendations given under (i), (ii), (iii), (viii), and (ix) may be pronounced by the competent prosecutor, while the recommendations given under (vi), (v), (vi) and (vii) may be pronounced by the juvenile court.
Educational Measures are:
i) Disciplinary Measures:
Committal to a disciplinary centre for juveniles
ii) Measures of Intensified Supervision:
Intensified Supervision by Parents, Adoptive Parents or Guardians
Intensified Supervision in a Foster Family
Intensified Supervision by the Competent Social Care Body / Centre for Social Work
In conjunction with any of the Educational measures of Intensified Supervision, the court may pronounce one or more Special Obligations for a juvenile, if necessary, so that the measure will be more successful, provided that the obligations do not last longer than the Measure of Intensified Supervision itself. The court may order the following obligations for the juvenile in particular:
to undertake training for a job suitable for his or her capabilities and propensities
to restrain from drinking alcohol or taking intoxicating drugs
to visit an appropriate health institution or counselling office
not to associate with persons who have a bad influence on him or her.
The court may subsequently cancel or modify obligations it has ordered. If the obligation is not fulfilled, the court may substitute the measure of intensified supervision with some other educational measure.
In conjunction with Educational Measures or sentence to juvenile prison, Security Measures can be pronounced, among which the mandatory psychiatric treatment in an institution and supervision in a health institution with mandatory psychiatric treatment at liberty may be pronounced independently on a mentally incompetent juvenile perpetrator.109 Security measures are:
Mandatory psychiatric treatment and supervision in a health institution
Mandatory psychiatric treatment at liberty
Mandatory treatment of alcoholics and drug addicts
Ban on driving a motor vehicle
Seizure of an object or expulsion of a foreigner from the country