PROCEDURAL COERCION IN PROCEEDINGS AGAINST MINORS

DOI: https://doi.org/10.46763/SCGW24185k

Keywords: minor offenders, coersive/repressive procedural measures, detention, police retention, compulsory temporary placement

In criminal law, minor offenders fall into a special category of criminal offenders. Due to their biological,

psychological and social immaturity, they are unable to fully understand the importance of social norms,

which may trigger their antisocial and delinquent behavior. For these reasons, in the majority of legal

systems, minor offenders are subject to a different treatment than adult offenders. The social reaction to

crime committed by minors needs to be specifically tailored, especially when it comes to application of

coercive or repressive procedural measures. A juvenile delinquent may be preventively deprived of liberty

by ordering detention, police retention and various types of compulsory temporary placement. Priority

should be given to the wide scope of social and health protection measures aimed at limiting the their

personal freedoms, removing them from harmful environment, monitoring their conduct, providing

assistance by relevant social services, or placing them in relevant institutions. International standards

referring to protection of children and minors, contained in important human rights conventions, provide

that incarceration of minors should be applied only as the last resort measure, aimed at ensuring the presence

of minors in criminal proceedings.

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