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Journal articles on the topic 'Children in criminal proceedings'
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1
Stevanovic, Ivana. "Some issues of sexual violence against children." Temida 5, no. 3 (2002): 41–49. http://dx.doi.org/10.2298/tem0203041s.
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The paper considers the situation of children-victims of severe sexual violence in the criminal substantive and proceedings law of the Federal Republic of Yugoslavia and the Republic of Serbia. Through the analysis of specific incriminations sanctioning the worst forms of sexual violence against children as well as the analysis of their proceedings situation, the paper presents necessary amendments in this domain and compliance of our criminal legal system with the contemporary comparative law solutions. At the same time, the paper offers suggestions of possible new solutions in this domain, in accordance with the right of the child to comprehensive protection of his/her sexual integrity.
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Edwards, Susan. "The Self-Incrimination Privilege in Care Proceedings and the Criminal Trial and ‘Shall Not Be Admissible in Evidence’." Journal of Criminal Law 73, no. 1 (2009): 48–68. http://dx.doi.org/10.1350/jcla.2009.73.1.548.
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This article considers the suspension of the self-incrimination privilege in care proceedings and the consequences for respondents and defendants implicated in civil and criminal trials relating to child abuse. This right against self-incrimination is differently applied in the civil and criminal forum. Where there are parallel civil and criminal proceedings and where different rules apply to the disclosure of fact, a respondent in a civil trial later facing criminal proceedings is at a disadvantage. This article explores the tension in the law with regard to a defendant's right to silence and the operation of the self-incrimination privilege with regard to documents and statements made by parties in civil and in criminal proceedings in cases arising from the physical and sexual abuse of children by family members or carers, and the law's overriding objective of child protection. It considers the several issues which arise when self-incriminatory statements are made in one set of proceedings and the use that can be made of these statements in the criminal investigation and at trial. It considers the duty of the criminal court to consider fairness in respect of admissibility of specific evidence (Police and Criminal Evidence Act 1984, s. 78) and also to consider the fairness of the trial as a whole (European Convention on Human Rights, Article 6). These sacrosanct principles and rules of evidence are examined in the context of their application in family/care proceedings and related criminal proceedings for offences of child abuse and the implications for the rights of respondents/defendants.
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Arden, Dame Mary. "PRIVACY AND THIRD PARTIES TO CRIMINAL PROCEEDINGS." Cambridge Law Journal 76, no. 3 (2017): 469–72. http://dx.doi.org/10.1017/s0008197317000691.
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In Khuja (formerly PNM) v Times Newspapers Ltd. [2017] UKSC 49; [2017] 3 W.L.R. 351, the appellant (A) failed to obtain an injunction restraining two newspapers from publishing information given about him in a criminal trial in which he had been a third party. The defendants were charged with serious sex offences involving children. A feared that the public would associate him with those offences if the information was published. He claimed that publication would interfere with his and his family's private and family life. As against this, the open justice principle means that, wherever possible, proceedings should be heard in public and that there should be fair reporting of the proceedings. This principle carries great weight in the common law.
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Urbas, Gregor, and Michael Harris. "Children in the Criminal Justice System: the High Court Cases of GW and RP." Victoria University Law and Justice Journal 7, no. 1 (2018): 14–21. http://dx.doi.org/10.15209/vulj.v7i1.1046.
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In two decisions handed down in 2016, the High Court of Australia considered legal measures designed to deal with children in the criminal justice system in an age-appropriate manner. The first case, The Queen v GW, was a prosecution appeal involving the unsworn evidence of a child witness. In this decision, the High Court reviewed the common law and statutory background to unsworn evidence, and gave important guidance on the proper approach to dealing with such evidence in proceedings. The second case was RP v The Queen, which involved the criminal responsibility of a child defendant, and in particular the application of the doli incapax presumption. In this decision, the High Court reviewed the common law background to doli incapax, and gave guidance on its application in criminal proceedings. This commentary discusses both cases and the principles underlying the High Court’s reasoning.
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Chandra, Safari Dwi. "How Juvenile Criminal Justice System in Indonesia Works? A Book Review 'Peradilan Pidana Anak di Indonesia', Marlina, PT Refika Aditama, Jakarta, 2009, 232 Pages, ISBN 9798-602-8650-06-9." Indonesian Journal of Advocacy and Legal Services 3, no. 1 (2021): 113–16. http://dx.doi.org/10.15294/ijals.v3i1.34771.
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Human needs to live in an orderly, harmonious, harmonious, and peaceful manner are still maintained in accordance with applicable law. To provide security to every citizen, law enforcement officials need to take action by carrying out legal proceedings against criminal offenders. The implementation of legal proceedings against criminal offenders is in a system consisting of related subsystems called the criminal justice system or in the English Criminal Justice System. This book is divided into four chapters, an introduction; children in conflict with the law; juvenile criminal justice; the development of the concept of diversion, and restorative justice. Actually, this book only discusses one important point, namely regarding chapter 4, the development of the concept of diversion and restorative justice. However, the author makes the translation first by writing chapters 1 through chapter three. 
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Jaya, Akalafikta, Triono Eddy, and Alpi Sahari. "Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (2020): 78–84. http://dx.doi.org/10.34007/jehss.v3i1.196.
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In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.
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Hayati, Zulva. "How Parents Involved in Their Children’s Trial? A Book Review ‘Peranan Orang Tua dalam Proses Persidangan Tindak Pidana Perjudian yang Dilakukan oleh Anak’, Lanka Asmar, 2017, CV Mandar Maju, Bandung, 181 Pages, ISBN: 978-979-538-460-1." Indonesian Journal of Advocacy and Legal Services 1, no. 2 (2019): 275–78. http://dx.doi.org/10.15294/ijals.v1i2.34773.
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The role of parents in a Juvenile Court can influence a judge's decision about a criminal penalty that dropped on to a childrens that done a gambling crime. Focus on the description of a gambling crime, children age, and criminal penalty that given to a children, and the rights of children as a defendant. The book of ‘Peranan Orang Tua Dalam Proses Persidangan Tindak Pidana Perjudian Yang Dilakukan Oleh Anak’ presents how parents deal with children who are dealing with the law and how the role of law enforcers, especially child judges, response to the presence of parents in the proceedings of children. The author will describe the factors that cause children's involvement in gambling cases, the importance of the role of parents in this case, and the judge's decision on the case that has occurred.
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Miragoli, Sarah, Rossella Procaccia, Elena Camisasca, and Paola Di Blasio. "How are sexually abused children interviewed during criminal proceedings in Italy?" European Journal of Developmental Psychology 17, no. 2 (2019): 246–62. http://dx.doi.org/10.1080/17405629.2019.1573665.
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Tankosic, Bojana, and Ivana Milosavljevic-Djukic. "Why do children remain silent about sexual abuse?" Temida 23, no. 3 (2020): 353–69. http://dx.doi.org/10.2298/tem2003353t.
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This paper aims to present the most common reasons why child victims of sexual abuse do not choose to testify about their experience in criminal proceedings. The process of disclosing sexual abuse and the reactions of family members and professionals in various institutions can be a source of support and help in recovery for the child, but also a source of secondary victimization. Based on that, the paper analyzes to what extent the Serbian legislative framework is harmonized with international standards regarding the protection of child victims from secondary victimization. It points out to the application of legal solutions on the protection of child victims during criminal proceedings through the Units for Supporting Child Victims and Witnesses as an example of the best practice in supporting and protecting child victims and witnesses from secondary victimization. Special attention is paid to the prevalence of sexual abuse of children, while the focus is on the reasons why children are not ready to speak publicly about sexual abuse, as well as the feelings that arise when disclosure occurs.
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Ažubalytė, Rima, and Jolanta Zajančkauskienė. "Vulnerability Assessment of Participants in Lithuanian Criminal Proceedings in the Context of EU Regulations." Baltic Journal of Law & Politics 7, no. 2 (2014): 152–78. http://dx.doi.org/10.1515/bjlp-2015-0006.
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ABSTRACT Despite the applicable general principles and essential standards provided for in the law, the right of vulnerable persons (i.e. children under 18 years of age and vulnerable adults, for example, adults with mental disabilities) to a fair hearing at different stages of criminal proceedings in the EU is not yet ensured to the full extent. Based on both EU and Lithuanian legal regulation, this article will review only the principal provisions concerning the allocation of victims, suspects, and accused persons to the category of “vulnerable persons”. Due to the scope of the article, the vulnerability identification procedure falls outside this research. EU and national legislation suggest that early identification of vulnerability allows for the provision of specific protection measures during criminal proceedings. Analysis of EU and Lithuanian normative acts suggests that minor victims are a priori considered vulnerable and specific protection measures must apply in their case. Meanwhile, the vulnerability of adult victims and their specific protection needs are not assessed at any stage of the proceedings in Lithuania, although the Code of Criminal Procedure provides for certain specific protection measures for victims who, due to a public hearing or questioning, may be subject to “psychological trauma or other serious consequences”. Given future EU requirements concerning suspected or accused children and current recommendations concerning the consideration of suspected or accused adults as vulnerable participants of the proceedings, Lithuanian legal regulations in this area must be improved.
11
Borthwick, Sarah. "Preparing Child Witnesses: Involving Parents and Carers." Adoption & Fostering 18, no. 4 (1994): 18–23. http://dx.doi.org/10.1177/030857599401800405.
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Children who are to be witnesses in criminal proceedings as a result of being victims of sexual abuse, need comprehensive and sensitive preparation in order to give valuable evidence and remain psychologically intact. Sarah Borthwick argues that parents and carers need more than information if they are to support their children as witnesses.
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Csizmadiáné Pethő, Tímea. "A szülői felügyeleti jog megszüntetésének hatályos jogi szabályozása a Polgári Törvénykönyvben." Debreceni Jogi Műhely 14, no. 1-2 (2017): 12–18. http://dx.doi.org/10.24169/djm/2017/1-2/2.
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Being a judge practicing on the area of the law of crimes I rarely come across with the need to apply civil law. Nevertheless, a handful legal concepts may be applied also by criminal courts. One of these concepts is the termination of parental control. Before turning to relevant case analysis in my study, I focus on the principle of the "child's best interest" which is referred to under article 3 of the New York Convention on the rights of children and which has a general fundamental applicability in respect of all provisions of the Convention. This principle must apply not only in civil, but also in criminal proceedings and generally in all types of proceedings irrespective of the area of law such proceedings fall under. Special emphasis is attributed to the legal consequences of terminating parental control and to the distinction of cases where the termination of parental control by the court is mandatory and where such a decision is made in the discretion of the court. I pay separate attention to cases where the court has convicted the parent of a crime committed wilfully against the convicted person's own child and in which cases the convicted person is sentenced to prisonment and as a result of these the criminal court has competence to order the termination of parental control. I address also some issues relating to matters of proof and evidence in connection with crimes of domestic violence. Finally, I explain the nature of a child-focused jurisdiction through the presentation of the Hungarian system which ensures to respect and to give effect to the rights of children to the maximum extent possible. The ability of providing special treatment for children in court proceedings is of the utmost importance.
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Milosavljevic-Djukic, Ivana, Bojana Tankosic, Jara Petkovic, and Marija Markovic. "Units for the protection of child victims and witnesses in the criminal proceedings: Domestic legislation and practice." Temida 20, no. 1 (2017): 45–64. http://dx.doi.org/10.2298/tem1701045d.
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Republic of Serbia has invested maximum efforts in adjusting national legislation with the international legal framework, as well in fulfilling its obligations foreseen in relevant international documents, including the Child Rights Convention. The purpose of this paper is to present Units for the Protection of Child Victims and Witnesses in the Criminal Proceedings that were developed within the IPA project ?Improvement of Children's Right through the System of Justice and Social Protection in Serbia?, funded by the EU, and implemented by the UNCEF in cooperation with the Ministry of Justice and Ministry of Labour, Employment, Veteran and Social Policy of the Republic of Serbia. The project was implemented from August 2014 to March 2017. The purpose of the Units is to ensure the best interest of children in situation when a child is identified as a victim or a witness of a crime and appears in the criminal or other court procedure. In this way, the state protects children who are important and infallible part of judicial proceedings from secondary victimization and traumatisation, given that the processes within institutions inevitably reflect on mental state of a child. Units were established in four cities: Belgrade, Nis, Novi Sad, and Kragujevac, and they operate at the regional level. This enables that all children, even those in rural areas, will be provided with adequate assistance and support during preparations for the hearing, during criminal proceedings, as well as in its aftermath. The role of the Units is multiple: along with the support to children, it also includes support to the judiciary agencies since the hearing may be performed with a help of professional personnel, psychologist, pedagogue or social worker. Since the members of the Units are trained for conducting forensic interviews according to the Protocol of the National Institute of Child Health and Human Development, their involvement by the judiciary becomes even more frequent. They try to avoid possible harmful effects of proceedings on children's health, their personality, growth and development. This paper particularly focuses on the legal position and protection of children as suggested by the international legal framework, and relevant legislation in Serbia, which present the basis for establishing the Units. Additionally, the paper pays special attention to psychological aspects of children's development and their position in the judicial proceedings. The so far results of the Units? work has shown that 103 children have been given support in judicial proceedings, 23 children have been given the status of a particularly vulnerable witness, 108 info-sessions have been organized for professionals in judiciary and the social welfare system in order to introduce the Units and enable them to use services that Units provide. The results also suggest that predictability reduces the feeling of uncertainty and contributes to strengthening children's trust in the judicial proceedings. However, this is only the beginning. A lot of efforts and work needs to be done in order to use the full potential of the Units. In this respect it is relevant to make a shift from project financing to the State funding.
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Stevanovic, Ivana. "Protection of the child right to privacy in a criminal procedure and media reporting." Temida 11, no. 2 (2008): 49–60. http://dx.doi.org/10.2298/tem0802049s.
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Practice demonstrates the importance of raising awareness about the problem of violence against children as well as the necessity of full protection of the right to privacy of minors as participants of criminal proceedings. Journalists must have special knowledge in order to report on criminal justice proceedings dealing with minors. On the other hand, authorized representatives of departments and institutions that participate in criminal justice protection of minors must be trained to present information to the media in a manner that would hinder its random interpretation in public information resources. Furthermore, the author insists on the practical obligation of the state to take systemic measures in suppressing and protecting minors from violations of their right to privacy and the consistent sanctioning of any violation of this right by representatives of the media, as well as by professionals authorized for protection of the right to privacy of minors.
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Noor Cahyo, Hadi, and Maryanto Maryanto. "Implementation Of The Settlement Of The Case Restorative Justice In Fights By Children Because The Effect Of Liquor (Case Study In The Polres Kudus)." Jurnal Daulat Hukum 1, no. 4 (2018): 1013. http://dx.doi.org/10.30659/jdh.v1i4.4267.
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Settling disputes fight by children because of the influence of liquor based on the Law applicable Relative authority possessed by police, then in handling ABH, the police can make or use the authority the discretion of the need to continue the legal process. Restorative Justice approach used in settling disputes fight by children because of the influence of liquor in the best interest of children of law enforcement officers are already implementing Discretion (Police Authority) and Diversion Restorative Justice approach based on each brat who committed the crime. According to Act No. 11 Of 2012 on Child Criminal Justice System, Restorative Justice approach is highly required as for the approach made through Diversion is applied at every stage of the proceedings. With the Discretion (Police Authority) and Diversion at every stage of the proceedings under the Child Criminal Justice System provides a great opportunity to keep the child out of the judicial process that is not needed in order to maintain mental, moral, and future of the child.Obstacles and solutions for settling disputes fight by children because of the influence of liquor through the mechanism of Restorative Justice Approaches Related to the competence of the investigators in the field of legal knowledge, laws and regulations, the criminal justice system and the technical skills and tactical investigation is still not optimal. This happens because not all personnel functions reskrim follow vocational education and skills of detectives technical functions supporting for example the ability to use information technology in the disclosure of a criminal case. Including in this case the lack of a comprehensive understanding of the principles of restorative justice.Keywords: Restorative Justice, Kids Fighting, Liquor.
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Pohoretskiy, M., and O. Mitskan. "Standard of proof «sufficient reason» in the criminal procedure of Ukraine." Herald of criminal justice, no. 3 (2019): 31–42. http://dx.doi.org/10.17721/2413-5372.2019.3/31-42.
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Based on the results of analysis of foreign doctrine, foreign procedural legislation, foreign law enforcement practice, the practice of the European Court of Human Rights. In the article explores problematic issues of the application of the standard of proof “sufficient reason” in the domestic criminal process. The relevance of the article is that the standard of proof “sufficient reason” or “probable cause” in the system of standard of proof in the domestic criminal process has a special place and using to accept most procedural decisions at the pre-trial investigation. The purpose of the article is to substantiation the main direction of using in the criminal proceed of Ukraine standard of proof “sufficient reason” taking into account the legal nature of this standard. In the article proved that “sufficient reason” is the standard of proof in the criminal proceed of Ukraine execution of which is based on “common sense” and in the factual analysis (assessment) of the whole set of facts and circumstance in their integrity, authorized entities with the use of special knowledges and experience on establishing “sufficient reason” for making appropriate procedural decision. Implementation of the standard of proof “sufficient reason” as well as “reasonable suspicion” doesn`t envisage a lack of doubt as guilty of the person. Sufficient is a possible knowledge about committing criminal offence by person with the difference that for the highest standard measures have to be higher. Moreover, within “flexible” standard of proof “sufficient reason” of the level of probability can also vary, depending on how much negatively appropriate procedural decision will affect the rights of the person. Prove that in the current Criminal procedural code of Ukraine the standard of proof “sufficient reason” is used to accept most procedural decisions at the pre-trial investigation stage in criminal proceedings, when the most reasonable suspicion of a committing person criminal offence is insufficient due to significant restrictions on human rights as a result of appropriate decision. At that, the flexible nature of the standard of evidence "sufficient reason", which consists in the required measure conviction the appropriate standard from the circumstances of the specific criminal proceedings, allows you to assert its suitability for Making a wide range of procedural decisions. Standard of proof “sufficient reason” is used for adoption of such procedural decisions: on the application of certain measures to ensure criminal proceedings; in addressing the issue of applying precautionary measures as a variety of measures to ensure criminal proceedings; in addressing the issue of individual investigative (detective) actions; in addressing the issue of granting permission for secret investigative (detective) actions and deciding on the use of the results of unspoken investigative actions in other criminal proceedings; when deciding on the placement of the person in the receiver-allocator for children (Part 4 art. 499 of the Criminal procedural code of Ukraine).
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Feld, Katharina, Dustin Feld, Bernd Karger, et al. "Abusive head trauma in court: a multi-center study on criminal proceedings in Germany." International Journal of Legal Medicine 135, no. 1 (2020): 235–44. http://dx.doi.org/10.1007/s00414-020-02435-5.
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AbstractThe shaken baby syndrome (SBS) is a common variant of abusive head trauma (AHT) in infants and toddlers. Data on the legal outcome of such cases are still sparse. By means of a retrospective multi-center analysis, 72 cases of living children diagnosed with SBS/AHT from three German university institutes of legal medicine were identified. Forty-six of these cases with 68 accused individuals were available and could be evaluated with regard to basic data on the course of the criminal proceedings as well as the profile of the defendants (sub-divided into suspects, convicts, and confessed perpetrators). Criminal proceedings predominantly commenced with a complaint by the treating hospital (62%) and were found to be closed (without judgment) in 50% of the cases, mostly due to a “lack of sufficient suspicion.” Of the 23 cases with judgment, the court decided on acquittal in 4 cases (17%). Imprisonment was the most frequent sentence (16 out of 19 cases with conviction, 84%), whereby the sentence has been suspended on probation in 63% of the cases. Suspects and perpetrators were mostly male and derived from the close family environment of the injured children. All confessed perpetrators stated an “excessive demand” as the reason for the violent shaking of the child. The results of the present study are in line with data from other studies with other legal systems. As many criminal proceedings were closed and the 4 acquittals occurred because the perpetration could not be ascribed to a specific perpetrator, improving the forensic methods for such an unequivocal assignment would be desirable.
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Jakštienė, Ramunė, and Aurelija Pūraitė. "INVOLVEMENT OF SCHOOLS IN THE PROCESS OF PROTECTION FROM DOMESTIC VIOLENCE." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 6 (May 25, 2018): 212–22. http://dx.doi.org/10.17770/sie2018vol1.3292.
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Specific activities of the schools, functions and responsibilities delegated by national and international laws lead to an obligation to involve in some criminal proceedings for violence against children in close environment, for example reporting about domestic violence against children to competent authorities, providing them with the relevant data, etc. The aim of this work is to establish schools’ obligations relating to information about the possible violence against child in the near surrounding. The tasks were achieved using the following methods: method of analysis of scientific literature, a comparative analysis, method of systemic analysis, the traditional method of the analysis of documents. Additionally, the empiric method was used and deep one-on-one interview with the experts was implemented. The aim was to identify the approach towards the need of school's participation in criminal proceedings regarding violence in the near environment of the persons who are directly familiar with the examined problem. The analysis suggests that the duty to report is often performed defectively, and the application of legal liability for failure to comply with this obligation is ineffective. Different reasons lead to this situation both legal and non-legal: incomplete special legal regulation, lack of legal knowledge, psychological, social and other factors determined by specific activities of schools. Not inadequacy of the legal regulation but its inappropriate implementation is most problematic. Enforcing detailed national as well as schools' local legal regulation, training of all staff, application of special preventive programs, including special measures in to common practices, cooperating with competent institutions are the measures which could lead to the adequate performance of the obligations. Accordingly, schools have human and legal resources to involve in some criminal proceedings for domestic violence against children more actively, especially in reporting about cases of violence.
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Rap, S. E., and D. Zlotnik. "The Right to Legal and Other Appropriate Assistance for Child Suspects and Accused." European Journal of Crime, Criminal Law and Criminal Justice 26, no. 2 (2018): 110–31. http://dx.doi.org/10.1163/15718174-02602004.
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In this article the development and background of the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings is sketched out. Two key rights are reflected upon: the right to legal assistance and the right to other appropriate assistance. The main challenge with regard to the implementation of the right to legal assistance is the possibility of member states to derogate from this right on the basis of the circumstances of the particular criminal case(s) involving the child. The right to legal assistance is contingent upon the proportionality clause that has been built in the Directive and therefore legal assistance is not guaranteed for every child suspect or accused. The right to other appropriate assistance is given separate attention in the Directive, which strengthens the child’s legal position and his support during the proceedings.
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Litun, Oleh. "Current problems of operational-search support for finding missing children in Ukraine (after the survey of criminal police officers)." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2020): 304–8. http://dx.doi.org/10.31733/2078-3566-2020-2-304-308.
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The author has studied the main problems of operational-search support for the finding missing children. Achieving the article’s objective (to identify the current problems of operational search support for finding missing children) required the use of a sociological method of research (interrogation). To collect empirical data, 228 criminal police officers were questioned as the main investigators for missing children. The analysis and generalization of the respondents' answers enabled the author to come to the following conclusions: 1. The effectiveness of the search for missing children is considered sufficient. The level of operational search support for missing children is estimated to be average. 2. The main common reasons (factors) that affect the effectiveness of the operational-search support for missing children include: the quality of the organization of operational-search support for missing children; logistics. Specific reasons (factors) that affect the effectiveness of the operational-search support of finding missing children are: the quality of regulatory support; the quality of information and analytical support; officer’s experience; timely conduct of search operations; correct assessment of available information; correct presentation of versions; ignoring one or separate versions; the number of officers involved. 3. The timely establishment of the whereabouts of missing children is mainly carried out within 24 hours during criminal proceedings (prior to the initiation of the operational-search case) or without the initiation of an operational-search Case and the opening of criminal proceedings, ie before registration of the notification in a single register of pre-trial investigations, with subsequent registration in the single record. 4. Instruction on the organization of the search of accused, defendants, persons evading criminal punishment, missing persons and identification of an unidentified corpse (order of the Ministry of Internal Affairs of Ukraine dated 05.01.2005 No. 3 "for use only by staff") needs updating and bringing in compliance with practical requirements. 5. Current accounting capabilities for the search for missing children imply a limited choice of information and have the disadvantage of lacking a unified information search system. 6. The most significant problems of operational search support of missing children include: complicated legal and organizational mechanisms of urgent conduct of operational search activities (operational and technical measures) to determine the location of the child; insufficient level of technical support for conducting operational-search measures (operational-technical measures). In this regard, it is advisable to simplify the procedure for deciding whether to conduct an operational-technical (covered investigative (search) action. Less decisive problems are the following: imperfection of agent security; unskilled juvenile prevention officers and poor quality of operational records. 7. The interaction of criminal police units with the public in the search for missing children is insufficient.
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Syed Nong, Shariffah Nuridah Aishah, Aminuddin Mustaffa, Nazli Ismail, Kamaliah Salleh, M. Naziree Yusof, and M. Badrol Awang. "PROTECTION OF CHILDREN BEYOND CONTROL IN THE IR 4.0 ERA: THE ROLE OF INTERNATIONAL CONVENTIONS." UUM Journal of Legal Studies 11 (July 31, 2020): 77–96. http://dx.doi.org/10.32890/uumjls.11.2.2020.8695.
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The Fourth Industrial Revolution (IR 4.0) has undeniably affected the way of life of people, including children. The rapid development of the internet and digital technology coupled with unlimited, easy, and fast access make children highly susceptible to harm arising from the use of social media, films, or games. This situation may expose children who are beyond control to immense threats due to poor relationships with their parents and family members. The beyond control children may be found anywhere. They are the children who frequently disobey their parents’ orders and are notorious as “status offenders” at the international level. Despite the non-criminal nature of their misbehaviour, children who are beyond control are often treated like criminals through court proceedings and detention orders. Meanwhile, numerous international conventions and guidelines have been signed including the United Nations Convention on the Rights of the Child to protect the welfare of all children. However, to what extent do these conventions protect the children who are beyond control? What are the principles applicable to these children, and how are they protected? Thus, this study was done to analyse the extent of protection provided by international conventions for the rights of children who are beyond control and to suggest suitable programmes for the implementation of the international principles in the IR 4.0 era. This qualitative study employed the library research method for data collection. It analysed numerous documents including international conventions, statutes, books, journals, conference proceedings, and reports. This study found that the international conventions provide protection to the children who are beyond control through several principles including the best interest of the child, family and government responsibilities, institutional placement, prevention of delinquency, and diversion. These principles may be applied through diversionary programmes including counselling, family group conference, family and school programme, and mentoring programme.
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Marić, Tamara. "Corrective Measures Establishment Character for Minors in the Republic of Srpska // Vaspitne mjere zavodskog karaktera za maloljetnike u Republici Srpskoj." Годишњак факултета правних наука - АПЕИРОН 7, no. 7 (2017): 276. http://dx.doi.org/10.7251/gfp1707276m.
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Within the general purpose of criminal sanctions and that the suppression of unlawful activities which violate or threaten the values protected by criminal law, specifically stipulates that the purpose of criminal sanctions against minors to providing protection, care, assistance and supervision, as well as providing general and vocational training affect the development of the strengthening of the personal responsibility of minors, to provide education of minors, and to ensure proper development of the minor figures in order to ensure his re the inclusion in the community. In this regard, the legislator in the Republic of Srpska prescribe special rules of criminal procedure to juveniles, and specific sanctions that can be imposed on juveniles. Juvenile criminal sanctions is, by its nature and purpose, different from the criminal sanctions imposed on adult offenders. They aim to protect society from juvenile crime through education and re-education or re-socialization and proper development of juveniles. Minors up to criminal offense, according to Law of the protection and treatment of children and juveniles in criminal proceedings Republic of Srpska, can impose a corrective measure, security measures of juvenile and constipation as a special type of sentence by older minors.
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Prica, Ljubica. "Suspect detention during the pre-investigation proceedings in Republic of Serbia." Pravo - teorija i praksa 38, no. 2 (2021): 68–84. http://dx.doi.org/10.5937/ptp2102068p.
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According to the Article 27, paragraph 1 of the Constitution of Republic of Serbia (2006), the right to liberty is guaranteed to all domestic and foreign persons, which is derived from the constitutional provision that the holder of this right is "everyone". Everyone has the right to move freely, to settle in Republic of Serbia, to leave it, and to return to it. This freedom may be restricted by law if it is necessary to conduct a criminal proceedings, protect the public order and peace, prevent the spread of infectious diseases, or defense of Republic of Serbia (the Constitution of Republic of Serbia, 2006, the Article 39, paragraph 2). Deprivation of liberty is allowed only for legal reasons and in the procedure provided by law. Both minors and adults may be deprived of their liberty. A person who has not reached the age of 14 is considered a child, and he/she cannot be deprived of liberty in the pre-investigation procedure because, according to our legal regulations, children are not subject to criminal liability. The aim of this paper will be to explore the concept of deprivation of liberty by arresting and/or detaining a suspect in the pre-investigation procedure according to the criminal procedure legislation of Republic of Serbia, with examples from previous practice and a proposal for some legal improvements.
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Bekink, Mildred. "The Constitutional Protection Afforded to Child Victims and Child Witnesses while Testifying in Criminal Proceedings in South Africa." Potchefstroom Electronic Law Journal 22 (May 27, 2019): 1–50. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5774.
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The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime, and consequently represent a significant portion of the victims and witnesses that have to appear in court to testify about these crimes. This contribution consists of an in-depth discussion of the rights of the child victim and witness encompassed in the Constitution of the Republic of South Africa, 1996 in order to determine whether the current protection afforded to child victims and witnesses while testifying in criminal proceedings in South Africa is in line with South Africa's constitutional obligations. In this regard the general constitutional rights in the Bill of Rights relating to child victims and witnesses as well as the specific constitutional rights of child victims and witnesses in section 28 of the Constitution are discussed.
 
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Haydon, Deena. "Detained Children: Vulnerability, Violence and Violation of Rights." International Journal for Crime, Justice and Social Democracy 9, no. 4 (2020): 16–30. http://dx.doi.org/10.5204/ijcjsd.1687.
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The United Nations Convention on the Rights of the Child (UNCRC) establishes provisions and protections to which under-18s are entitled; establishing state obligations to ensure the realisation of children’s rights for all, including ‘disadvantaged’ or ‘vulnerable’ groups. This article focuses on children in England and Wales deprived of their liberty in secure care for their own or others’ protection or in custody as a result of criminal justice proceedings. It explores the proposition that secure care and custody exacerbate the existing vulnerabilities of detained children, especially in custodial settings where violence is institutionalised. Demonstrating consistent breaches of international standards, it considers the actions required to ensure the implementation of rights and effective accountability through policy and practice grounded in social justice priorities.
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Babenko, Olha. "IMPLEMENTATION OF THE FORCED FORM OF INVESTIGATION OF A JUVENILE SUSPECT." Ukrainian polyceistics: theory, legislation, practice 2, no. 2 (2021): 58–66. http://dx.doi.org/10.32366/2709-9261-2021-2-2-58-66.
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The article is devoted to the study of such an investigative (investigative) action as an examination carried out in a coercive form against a minor suspect. The national and international legislation in the field of protection of the rights of children who have committed a crime and the peculiarities of criminal proceedings with such a vulnerable category are analyzed. It is noted that the current provisions of the Criminal Procedure Code of Ukraine do not contain a regulated procedure for compulsory examination of a juvenile suspect. Such non-determination of the legal norm presupposes the investigator to conduct a compulsory examination at his own discretion, which sometimes significantly violates the rights of children. Attention is drawn to the views of scientists on the feasibility, legality and admissibility of investigative (search) action in the form of compulsory examination. It has been established that scientists have different opinions about the need to conduct a survey in a coercive form. Scientists distinguish such concepts as “psychological” and “physical” coercion during the survey. It is proposed to reduce the psychological pressure on a person subject to compulsory examination by persuasion and work with a psychologist, which is especially relevant for a juvenile suspect. As a result of the research, it was established that the legal regulation of compulsory examination of a juvenile suspect should be conditioned by the principle of proportionality. Given the principle of proportionality and vulnerability of the procedural position of a juvenile suspect, his psychological and social immaturity, it was concluded that the use of coercion during the examination of a juvenile suspect is better dependent on the severity of the criminal offense in which the juvenile is suspected. In order to improve the procedural situation of a juvenile in the field of criminal justice, it is proposed to amend the national legislation on the compulsory examination of a juvenile suspect, witness or victim only in criminal proceedings for serious or particularly serious crimes.
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Liefaard, Ton. "Child-friendly Justice and Procedural Safeguards For Children in Criminal Proceedings: New Momentum for Children in Conflict with the Law?" Bergen Journal of Criminal Law & Criminal Justice 8, no. 1 (2020): 17. http://dx.doi.org/10.15845/bjclcj.v8i1.3188.
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Child-friendly justice has its focus on on the effective participation of children in justice systems. During the past decade the concept, grounded in international children’s rights, has become meaningful for justice systems in Europe and beyond. Despite its flaws and gaps, it has the potential of making justice systems more accessible for children, including the (juvenile) criminal justice system with its particular complexity. However, in order to understand its true potential more research is needed. This article elaborates on the concept of child-friendly justice and sheds light on a research agenda around its core elements.
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Aditama, Ryan, and Novia Yolanda. "Penerapan Restorative Justice pada Peradilan Pidana Anak Terkait Pembaharuan Hukum Pidana di Indonesia." Wajah Hukum 4, no. 2 (2020): 483. http://dx.doi.org/10.33087/wjh.v4i2.213.
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The foundation behind the concept of restorative justice is part of an approach that focuses on situations where in order to create justice and even balance the perpetrators who commit criminal acts, and also for the rights of victims. Procedures and procedures as well as criminal proceedings that lead to the principle of criminalization are changed to a process of family conversation and mediation in order to create an agreement and to resolve the criminal case which leads to crime and will be equal for the victim and the perpetrator of the crime The concept of restorative justice in itself has a meaning where justice will be repaired, and restoration here has a broader meaning to what is known in conventional criminal justice processes or in general that has been applicable so far with the existence of restitution or commonly referred to as compensation for victims. This restorative justiche concept, if included in a system in juvenile criminal justice, is considered well for its application, because restorative justiche is useful in order to prevent children from facing the criminal system and will be replaced in the guidance pattern for the child.
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Zieniewicz, Iwona. "Prawno-kryminalistyczna problematyka przesłuchania małoletniego w procedurach prawnych." Nowa Kodyfikacja Prawa Karnego 50 (June 13, 2019): 159–79. http://dx.doi.org/10.19195/2084-5065.50.10.
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Legal and forensic science issues of children hearing in Polish law proceedingsThe children witness hearing belongs to special trial activities and requires a special approach of judges, prosecutors, policemen who are responsible for its conduct. The most extensive regulations are those concerning witness hearing in a criminal proceding. In civil and administrative procedure the regulations are evaluated as insufficient. The person questioning the children has to have psychological and forensic science knowledge. Those fields of science formulate the tactical rules of child hearing. Their first aim is the protection of children from negative results of participation in law trials and the second aim is to receive trusted information concerning circumstances of law case. This publication is presenting the tactical rules which can be used in law proceedings.
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Fadilla, Nelsa. "UPAYA PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PERDAGANGAN ORANG." Jurnal Hukum dan Peradilan 5, no. 2 (2018): 181. http://dx.doi.org/10.25216/jhp.5.2.2016.181-194.
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The data findings by the Indonesia Child Protection Commission (KPAI) reported that child trafficking tends to increase during the period of 2010 to 2012. In 2010 there were 410 cases, in 2011 there were 480 cases and in 2012 the case increased again up to 673 cases. The increasing cases of child trafficking have become a serious concern in the attempt of human trafficking eradication, especially children. The business not only in the form of law enforcement, preventively, repressively, and responsively but also related to the restoration or protection of children who become the victims of human trafficking (child trafficking) even after the completion of criminal proceedings with a view of restoring the child future.Keywords : legal protection , children , human trafficking.
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Parkinson, Patrick N., Sandra Shrimpton, Heather Y. Swanston, Brian I. O'Toole, and R. Kim Oates. "The Process of Attrition in Child Sexual Assault Cases: A Case Flow Analysis of Criminal Investigations and Prosecutions." Australian & New Zealand Journal of Criminology 35, no. 3 (2002): 347–62. http://dx.doi.org/10.1375/acri.35.3.347.
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As part of a prospective study which tracked 183 child sexual abuse cases referred to two Child Protection Units in Sydney, NSW, a search of court records was conducted to obtain criminal justice outcomes. Of the 183 cases, there were 117 cases where the name of the offender was known. Forty-five cases reached trial. Thirty-two cases resulted in a conviction. A sub-cohort of 84 of the children and their families was interviewed in detail to determine reasons why many cases did not proceed down the track of criminal investigation and prosecution and why other cases dropped out of the criminal justice system. Among this sub-cohort of 84 children, there were 67 cases where the offender was identifiable and could have been charged. There were 25 convictions. Reasons for not proceeding to trial included: the offence was not reported to police; parents wished to protect children, the perpetrator or other family members; evidence was not strong enough to warrant proceeding; the child was too young; the offender threatened the family; or the child was too distressed. The implications for criminal prosecution as a child protection strategy are considered in the light of this evidence of attrition.
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Chylińska, Klaudia, Magdalena Kękuś, Iwona Dudek, and Malwina Szpitalak. "Nieletni jako sprawca czynu zabronionego – determinanty niedostosowania społecznego." Kwartalnik Pedagogiczny 64, no. 4 (254 (2020): 135–50. http://dx.doi.org/10.5604/01.3001.0013.8464.
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The article covers the issue of juvenile delinquency and social maladjustment. The aim of this paper is to present, on the basis of literature review, a picture of child crime in Poland, as well as to present the psychological determinants of crime and social maladjustment among children. The article discusses the definition of a juvenile in the context of the proceedings for criminal acts and symptoms of social maladjustment. Moreover, it describes the psychological determinants of juvenile delinquency including personality and environmental factors (family, school environment and peers).
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Cherryman, Julie, Nigel King, and Ray Bull. "Child Witness Investigative Interviews: An Analysis of the Use of Children's Video-Recorded Evidence in North Yorkshire." International Journal of Police Science & Management 2, no. 1 (2000): 50–56. http://dx.doi.org/10.1177/146135570000200106.
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Since the 1992 onset in England and Wales of video-recorded investigative interviews with children for possible use in criminal proceedings, there have been claims that far too many such interviews are being recorded. Indeed, debate about the usefulness of video-recorded interviews centres on the argument that only a few of the many interviews with children which have been recorded on video are used either in criminal courts or, indeed, anywhere else. This paper examines the number and outcome of the video-recorded interviews which were conducted between 1993 and 1996 by the North Yorkshire Police Family Protection Unit (South). Some time after having a video-recorded interview with a child witness/victim the police officer involved in the case completed a questionnaire, the results of which were collated. The results suggest that interviews with children provide useful evidential material and are, in fact, being used. This paper relates only to records kept by the police and not social services. It is not the intention to disregard the process of joint investigation or, indeed, to ignore the importance of the role of social services in the video-recorded interviews referred to in this paper.
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Kilkelly, Ursula. "“Evolving Capacities” and “Parental Guidance” in The context of Youth Justice." International Journal of Children’s Rights 28, no. 3 (2020): 500–520. http://dx.doi.org/10.1163/15718182-02803004.
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Abstract Article 5 of the United Nations Convention on the Rights of the Child (uncrc) is a pivotal children’s rights provision, which recognises the ‘responsibilities, rights and duties of parents’ to provide ‘appropriate direction and guidance’ to the child in the exercise of his/her rights, in a manner consistent with ‘the evolving capacities of the child’. Underpinning children as holders of rights, Article 5 bridges the gap between children who require parental support to exercise their rights and those who are capable of exercising them on their own behalf. There has been limited consideration of Article 5 to date and even less in specific contexts like juvenile justice. The uncrc has particular relevance to children in conflict with the law where issues of criminal responsibility, capacity and the role of parents are central. This article explores the application of Article 5 by querying the relevance of the principle of “evolving capacities” to children in conflict with the law and to the exercise of children’s rights in the criminal justice system. It considers what role, if any, ‘the responsibilities, rights and duties’ of parents have in such proceedings while addressing, more generally, whether Article 5 adds value to the child’s rights approach to youth justice.
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Gajda, Anastazja. "Wzmocnienie praw procesowych jednostki w postępowaniu karnym w Unii Europejskiej - propozycje Komisji Europejskiej z listopada 2013 r." Kwartalnik Kolegium Ekonomiczno-Społecznego. Studia i Prace, no. 4 (November 28, 2015): 103–39. http://dx.doi.org/10.33119/kkessip.2015.4.4.
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The aim of the study is to present the proposals of legal regulations presented by the European Commission in one of the fields of Area of Freedom, Security and Justice (JHA), i.e. within the framework of judicial cooperation in criminal matters. The European Commission’s proposals aim at strengthening of the rights of suspects/defendants in criminal proceedings in the EU. They consist of the right to a fair trial and include: strengthening of the presumption of innocence principle and the right to be present at the trial, special safeguards for children suspected or accused of a crime and the right to provisional legal aid for citizens suspected or accused of a crime. In the paper I analysed the most important provisions of the projects and showed that these proposals are intended to ensure the protection of fundamental rights within the JHA.
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Baird, Sophy. "What of the Child? Preventing the Publication of Children's Names After the Age of 18." Potchefstroom Electronic Law Journal 24 (September 15, 2021): 1–31. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9571.
Full textAbstract:
Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.
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Sergi, Anna. "Widening the Antimafia Net: Child Protection and the Socio-Cultural Transmission of Mafia Behaviours in Calabria." Youth Justice 18, no. 2 (2018): 149–68. http://dx.doi.org/10.1177/1473225418791420.
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This article explores proceedings by the Youth Tribunal of Reggio Calabria, Southern Italy, aimed at the protection of children in families where one or both parents are investigated for mafia offences. The findings show that preventing the transmission of mafia (‘ ndrangheta) culture in the local context has become an essential part of child protection measures. This article will argue that when discussing child protection in criminal families, it is necessary (a) to question the nature of the bonds of these families with the socio-cultural context, and (b) to concretely assess the way this context wishes to affect the family’s criminality.
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Gwoździewicz, Sylwia. "THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION." International Journal of New Economics and Social Sciences 1, no. 1 (2015): 0. http://dx.doi.org/10.5604/01.3001.0010.3758.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
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Mitrović, Ljubinko. "The United Nations Convention on the Rights of the Child and its Importance in the Law of the Republic of Srpska in General, and Particularly in Juvenile Criminal Law of the Republic of Srpska / Konvencija Ujedinjenih nacija o pravima djeteta i njen značaj u pravu Republike Srpske uopšte, a posebno u maloljetničkom krivičnom pravu Republike Srpske." Годишњак факултета правних наука - АПЕИРОН 4, no. 4 (2014): 5. http://dx.doi.org/10.7251/gfp1404005m.
Full textAbstract:
Juvenile criminal law of the Republic of Srpska is a set of legal (and secondary) regulations governing the criminal justice status of juveniles as perpetrators of criminal acts and juveniles as victims, i.e. victims of crime. Certainly, it is a special part of the criminal law of the Republic of Srpska that, due to a number of specific solutions, has assumed the character of an independent legislative and scientific discipline in the Republic of Srpska, as in many modern European countries.The main source of juvenile criminal law in the Republic of Srpska that has primacy in the application against juvenile offenders is the Law on the protection and treatment of children and juveniles in criminal proceedings (passed by the National Assembly of the Republic of Srpska in February 2010, published in the Official Gazette of the Republic of Srpska, number 13/2010; this law was amended at the end of 2013 - amendments to this law have been published in the Official Gazette of the Republic of Srpska, number 61/2013).Certain legal standards set forth in a lot of international legal acts have a special role in the statutory formulation of this branch of the criminal law in all modern countries. The situation is similar in the Republic of Srpska where the international legal standards previously implemented by Bosnia and Herzegovina (and therefore also by the Republic of Srpska as a part of it) were the framework for the creation of the aforementioned legal texts and all bylaws regulating this very important field. In this paper, we will discuss one of the most important international legal documents - the United Nations Convention on the rights of the child.
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Veselov, Mykola, Olena Bulhakova, and Daria Volkova. "CONTENT AND FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN THE FIELD OF JUVENILE JUSTICE." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (2021): 9–18. http://dx.doi.org/10.32366/2709-9261-2021-1-1-9-18.
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Today, the principle of «presumption of innocence» is recognized at the international and national levels as one of the basic principles of criminal proceedings. The object of this study is public relations in a specific area of children's rights – juvenile justice. The purpose of the article is to clarify the content and features of the implementation of certain aspects of the principle of «presumption of innocence» in the field of juvenile justice. The presumption of innocence is interpreted and used quite ambiguously, which is of interest to the study. To achieve this goal, general scientific and special methods of scientific research were used. The solution of the outlined tasks of the research was carried out taking into account the practice and position of understanding the content of this principle by the European Court of Human Rights. It is established that ensuring the presumption of innocence as a priority basis for the formation and implementation of child-friendly justice in Ukraine requires effective implementation in all judicial and extrajudicial or administrative cases, execution of court decisions with the participation of children. It is proved that the implementation of this principle in the juvenile justice system concerns not only the provision of procedural rights of a minor as a participant in criminal or administrative proceedings, but also other personal, social and cultural rights and freedoms of the child, the implementation or observance of which may be violated. It is emphasized that the content of the principle of presumption of innocence, as well as its actual implementation should always be correlated with the principle of ensuring the best interests of the child regardless of race, colour, sex, language, religion, political or other beliefs, national, ethnic or social origin, property the condition of the children themselves or their families or any other circumstances.
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Fauziyah, Nailatin. "Resiliensi Anak yang Berkonflik Dengan Hukum: Refleksi Implementasi UU. No.11 Tahun 2012 Mengenai Proses Diversi." Al-Daulah: Jurnal Hukum dan Perundangan Islam 9, no. 2 (2019): 194–221. http://dx.doi.org/10.15642/ad.2019.9.2.194-221.
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Settlement of child criminal cases using the restorative justice approach and diversion in accordance with Law No. 11 of 2012 is an important breakthrough in the development of criminal law processes in Indonesia. At the conceptual level, the implementation of the process takes into consideration the fulfillment of children's rights and has a concern for the child's future. To achieve the future the child must have the resilience to deal with difficult situations throughout his life journey. Likewise, children who are in conflict with the law, on the other hand they are perpetrators of crime and on the other hand they are victims of the surrounding social system. The results of this study indicate that Children in conflict with the law (ABH) who are resilient tend to get support from various parties so that they can get through difficult situations and face the future with confidence, but conversely with ABH who are not resilient. The results of this study are important notes to reflect back the implementation of Law No.11/2012 on restorative justice and diversion, because the diversion process undertaken by ABH does not differentiate their resilience levels. It is the strength of the protective factor that affects the differences in the resilience of ABH who undergo legal proceedings through diversion.
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Korniyenko, Maksym. "Some ways to improve legislation of Ukraine to combat crimes against children." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (2020): 191–96. http://dx.doi.org/10.31733/2078-3566-2020-2-191-196.
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The scientific article explores some ways to improve the legislation of Ukraine to ensure effective counteraction to violent crimes against children. The system of state and international legal protection of the child is considered. Some regularities and systematic miscalculations in the state are identified and directions for improving legal acts to ensure effective counteracting of violent crimes against children are clarified. It is noted that joining the European legal community with the basic tenet of respect for the legal values of each person is the main direction of development for Ukraine. The legislation of Ukraine defines the protection of childhood as a priority and strategic direction of the whole state policy, while, as practice shows, only the presence of legal norms without an established mechanism of implementation is not able to ensure their effectiveness. Attention is emphasized that positive international practices of effective investigation of violent crimes against children should be introduced into the legislation in force, while not forgetting that the main priority is to ensure the psychological health of the child. Attention was also drawn to the importance of international cooperation in criminal proceedings, as it is through the joint actions of different Member States of the international community that the punishment of a person who has committed a criminal offense, including violent crimes against a child, is effectively enforced. The article highlights the directions of significant improvement of the activity of public authorities in combating violent crimes against children. At the same time, special attention was paid to the fact that the improvement should take place at the same time as improving the social conditions of citizens, raising their legal consciousness and culture.
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Subocz, Elżbieta. "Rola wczesnej edukacji i opieki w ograniczaniu skutków ubóstwa wśród dzieci." Problemy Wczesnej Edukacji 38, no. 3 (2017): 21–33. http://dx.doi.org/10.26881/pwe.2017.38.02.
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This article attempts to answer the question: what role does the process of early childhood education and care play in reducing the effects of poverty among children? The main argument of the article states that education (started as early and lasting as long as possible) is the only chance to limit the negative consequences of poverty, as well as to overcome the intergenerational transmission of poverty and social exclusion. Relying on the results of foreign (mostly American) surveys, it has been proven that good quality early childhood education and care is beneficial for children living in poverty, as well as for society as a whole. It positively influences the social and emotional development of children, their language skills and school achievements. Children who benefited from institutions / programmes for early childhood education and care, in adulthood do better in the labour market, have higher earnings and are less likely to seek stimulants. Society bears lower costs of special education, anti-social behaviour, criminal proceedings, social welfare and health of young people and adults.
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Muhammad Surya Adi Wibowo. "Pelaksanaan Proses Peradilan Dan Pemenuhan Hak Dalam Perlindungan Hukum Bagi Anak ( Menurut UU No. 11 Tahun 2012 )." Reformasi Hukum 24, no. 1 (2020): 21–40. http://dx.doi.org/10.46257/jrh.v24i1.90.
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 The purpose of this study is to find how the judicial proceedings for violations of the proven to have committed a criminal justice and criminal justice be face to face with the process , and what of sanctions and the protection laws will be provided to hak-hak children according to statute number 11 years 2012 about the criminal justice systems . By using the method of juridical normative , hence writers can conclude: 1 .The judicial process given to children is: trial should be done behind closed doors and decisions are openly to the public , investigators , the public prosecutor , the judge and legal adviser in conducting its function as law enforcement officials by not using dress uniform or bertoga; single presided over by a magistrate a trial, The judge spirit keeps the matter hidden blast of judgment and by the son was of a judge that are specially emphasised in the program of a justice of the woman who man having knowledge of god on the issue on psychiatric; the implementation of the son of due to go on trial the match will be held on the day there is a special levy; in the process of the trial the children must be accompanied by central on the part of parents .Was not allowed to be was covered by the reporters before those who surrender decisions which are carried out by the prosecutor and judges , have to being read the report a social worker who had been given authority and a court of law to scrutinize the conduct and the condition of residents such a child . 2. Protection laws against children s rights had received the very criminal according to a system and criminal justice , as for him who is the son of in the hour of the detention and placed in an institution the deployment of the son of while ( LPKS ) and institutions for the special building the son of ( LPKA ) , the kid for cancer and asked to undergo an incident in which she prior to taking over leadership of nought of the fulfilment of rudimentary living in the treatment of health and human services by the officers , have been able to take education and training as well as coaching and provide assistance , and in conjunction with adequate in accordance with the regulations statute .
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Ustrytsʹka, N. I., and Z. F. Dilʹna. "Juvenile justice: certain aspects of its understanding." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 274–78. http://dx.doi.org/10.24144/2307-3322.2021.63.47.
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The article is devoted to the concept of justice for children. Doctrinal provisions on the understanding of juvenile justice in a broad and narrow aspect are considered. It has been studied that juvenile justice will make it possible to create the best environment for children, to protect their rights and interests. It has been established that juvenile justice covers children on the one hand, and an extensive system of public authorities on the other, whose functional duty is to protect and ensure the rights and interests of children.
 It is considered that juvenile justice covers a certain category of persons under the age of 18, namely children (minors and minors) who are at risk or in conflict with the law, as well as children in contact with the law - child victims of delinquency. , children witnesses of a criminal offense. Equally important is ensuring the rights and interests of children in need of state protection and support.
 It is investigated that the subject of justice for children are bodies and services whose activities are aimed at protecting and ensuring the rights of children, special institutions and institutions of social protection for children. An important role is given to the improvement of law enforcement and judicial systems in the aspect of juvenile justice. It is emphasized that the effective functioning of juvenile justice requires the interaction and coordination of its subjects. Therefore, it is necessary that the system of subjects of justice for children be clear with the definition of the competence of each of the subjects, stable, and have a coordinating center.
 It has been established that the system of juvenile justice subjects needs further reform. First of all, this concerns the problems of reforming the child-friendly justice system. After all, today the specialization of judges authorized to conduct criminal proceedings against minors can be considered only as additional functional powers. It is also noted that the institute of juvenile prosecutor's office is at the stage of formation and formation taking into account its functions and tasks.
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Alexander Yurevich, Epihin, Zaitsev Oleg Aleksandrovich, Grishina Ekaterina Pavlovna, Mishin Andrey Viktorovich, and Aliyeva Gulnar Isaevna. "INTERNATIONAL LEGAL PROTECTION OF JUVENILE VICTIMS (CHILD VICTIMS) FROM CRIME." Humanities & Social Sciences Reviews 7, no. 5 (2019): 687–91. http://dx.doi.org/10.18510/hssr.2019.7583.
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Purpose: The article considers legal issues relating to the international legal standards and principles for the protection of child victims from crime, the current problems of implementing these norms in the legislative process of modern Russia.
 Methodology: In the process of writing the article, we actively used dialectical, comparative, formally logical, inductive and deductive methods.
 Result: The policy provisions on the legal status of child victims of crime are enshrined in the international regulatory documents, on the basis of which different legal institutions of national criminal procedure law are formed. The states that recognize prescriptions of an international nature assume the obligation to legally certify such models of criminal proceedings, in which not only the rights of children recognized as victims would be ensured but the principles of the presumption of innocence, competition, humanity, justice, which are the most important legal guarantee of the rights of the accused, would be observed.
 Applications: This research can be used for universities, teachers, and students.
 Novelty/Originality: In this research, the model of the International legal protection of juvenile victims (child victims) from crime is presented in a comprehensive and complete manner.
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Woldemariam, Getachew Assefa. "The predicaments of child victims of crime seeking justice in Ethiopia: a double victimization by the justice process." Afrika Focus 24, no. 1 (2011): 11–31. http://dx.doi.org/10.1163/2031356x-02401004.
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This article presents an account of a legal system that has fundamentally failed Ethiopia’s young and vulnerable citizens. The Ethiopian justice process has permitted the subjection of child victims to cycles of traumatisation during investigation, prosecution and trial phases of cases in which they are involved. Ethiopia does not have laws that require the special treatment of children who are victims or witnesses of crime. It has neither rules of criminal procedure nor evidence that direct the conduct of criminal proceedings involving child victims. This article will show that although the Ethiopian Constitution incorporates principles such as the consideration of the best interests of the child', the realization of this principle for the Ethiopian child victim of crime remains illusory due to the absence of detailed rules that guide and compel the justice process to that effect. Based on empirical data, the article argues further that although ad hoc initiatives to introduce victims to a child-friendly justice process exist in a limited number of urban areas, these initiatives do not reach the vast majority of child victims around the country who continue to be further victimized by the justice process.
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Sirait, Ningrum Natasya, Rosmalinda, Edy Ikhsan, Mahmul Siregar, and Agusmidah. "Increasing identity and community awareness in Medan City about victim rights of sexual violence." ABDIMAS TALENTA: Jurnal Pengabdian Kepada Masyarakat 4, no. 2 (2019): 837–41. http://dx.doi.org/10.32734/abdimastalenta.v4i2.4239.
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Indonesia currently has Law Number 11 of 2012 concerning the Criminal Justice System for Children (UU-SPPA) to provide protection for children who need special protection such as child offenders, victims and witnesses. In fact, the implementation of the UU-SPPA actually only focuses on children as perpetrators. This not only shows that justice for children is still not upright especially for children who are victims of sexual violence. This is evident from the findings of a study conducted in 2019 entitled "The Effectiveness of the Convention on the Rights of the Child Victims of Sexual Violence". This study found that although Indonesia already has 2 government regulations governing the fulfillment of victims of sexual violence in the form of compensation and or restitution, none of the decisions of the Medan District Court and Lubuk Pakam contain the rights of victims. The decisions of the Medan District Court and Lubuk Pakam throughout 2018 were oriented towards providing penalties for the perpetrators. The two Government Regulations which are guidelines for implementing the Law are (a) Government Regulation of the Republic of Indonesia Number 7 of 2018 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims; and (b) Government Regulation of the Republic of Indonesia Number 43 Year 2017 Concerning Implementation of Restitution for Children Who Are Victims of Criminal Acts. These two Government Regulations are the basic ingredients for the implementation of the 2019 Mandatory Servant Lecturer service dedication. This situation is the basis of community service in two districts namely Medan Baru and Medan Sunggal. Law Enforcement Officials (APH) in this case the police and the community not only obtain new information about victims' rights but also increase their awareness to guarantee the rights of children victims of sexual violence are requested in legal proceedings for perpetrators. Furthermore, the Police and the community hope that the information on these two Government Regulations can be continued both by the Regional Government Organization (OPD) and other institutions such as the Civil Society Organization (CSO) in Medan.
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Rivera, Marcela, Stefano De Luca, Lina Aguilar, Luz Andrea Velandia Palacio, Ivan Galić, and Roberto Cameriere. "Measurement of open apices in tooth roots in Colombian children as a tool for human identification in asylum and criminal proceedings." Journal of Forensic and Legal Medicine 48 (May 2017): 9–14. http://dx.doi.org/10.1016/j.jflm.2017.03.005.
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Kipāne, Aldona. "PROBLEMS OF INTERPRETATION OF CRUELTY AND VIOLENCE TOWARDS MINOR IN CRIMINAL LAW." Administrative and Criminal Justice 3, no. 76 (2016): 4. http://dx.doi.org/10.17770/acj.v3i76.2857.
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Violence and cruelty against children is not only problem in Latvia but it is also global problem. There is a special section in Latvian Criminal Law regarding to protection minor against cruel and violence. The article is devoted to the analysis of the corpus delicti of cruel towards and violence against a minor. The author has analysed difference between concepts cruelty treatment towards minor and violence against minor. The author of the paper came to conclusion that necessary condition for proceeding of qualification is scrutiny of all circumstances of crime.