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Table 1: Sanctions for Juveniles in the RS



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Table 1: Sanctions for Juveniles in the RS






8.CRIMINAL SANCTIONS IN THE RS






FREQUENCY OF IMPLEMENTATION IN PRACTICE






Educational Measures




Disciplinary Measures





  1. Court Reprimand

  2. Committal to a Disciplinary Centre for Juveniles






  1. Frequently pronounced as the mildest measure. Does not require involvement of any institution in its implementation.

  2. Not pronounced in practice due to lack of facilities.


Measures of Intensified Supervision:


  1. Intensified Supervision on the part of parents, Adoptive Parents or Guardians (PNOR)

  2. Intensified Supervision on the part of the Competent Social care Body (PNOS)

  3. Intensified Supervision in a Foster family



  1. Frequently pronounced. Centre for Social Work does the supervision and reports on the implementation to the Court.

  2. Frequently pronounced. Centre for Social Work works directly with juveniles.

  3. Not pronounced in practice.



Institutional Measures





  1. Committal to Educational Institution

  2. Committal to Educational/Reformatory Home
  3. Committal to Another Training Institution


(in lieu of 1 or 2)



  1. Not pronounced here is no appropriate educational institution as defined by Law on Implementation of Criminal and Misdemeanour Sanctions.

  2. In the absence of the institution, this measure was occasionally pronounced without implementation, though more frequently

substituted with pronouncement of the measure of Intensified Supervision by a Social Care Body (PNOS). An Institution has been established in Banja Luka but is effectively not functioning.

  1. This measure can be pronounced only for juvenile offenders with disabilities. Not pronounced in practice due to lack of an appropriate institution.




Security measures





  1. Mandatory psychiatric treatment in an institution and committal to a health institution

  2. Mandatory psychiatric treatment at liberty

  3. Mandatory treatment of alcoholics and drug addicts

  4. Ban on driving a vehicle

  5. Seizure of an object

  6. Expulsion of a foreigner from the country





  1. 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.

  2. Can be pronounced in connection with an educational measure and only after examination by the appointed expert

Psychiatrist.
  1. As for 2 above.


  2. Pronounced in lieu of an educational measure.

  1. Expulsion of a foreigner from a country may not be ordered together with other disciplinary measures or institutional measures.




9.Juvenile Imprisonment




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).






10.

11.

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 are:


  1. personal apology to the injured party

  2. compensation of the damage to the injured party

  3. regular school attendance

  4. working for a humanitarian organisation or local community

  5. accepting an appropriate job

  6. being placed in another family, home or institution

  7. treatment in an adequate health institution

  8. attending instructive, educational, psychological and other forms of counselling

  9. education in traffic regulations.

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:


Court reprimand

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

iii) Institutional Measures:

Committal to an Educational Institution

Committal to an Educational/Correctional Home

Committal to Another Training Institution

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:


  • an apology to the injured party

  • payment for the damage within his or her abilities

  • regular school attendance

  • 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


Table 2. Sanctions for juveniles in the FBiH



CRIMINAL SANCTIONS IN THE FEDERATION OF BiH



FREQUENCY OF IMPLEMENTATION IN PRACTICE



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