Your Basic Court has a specialized Department for Minors, which has competence to deal with cases involving minors as offenders and to try adults for criminal acts committed against a minor. The Department for Minors ensures the well-being of minors; that any measures or punishment to offenders of this agegroup is always in proportion with the circumstances of the offender and offence, and that the minor’s right to privacy is respected at all stages to avoid any harm by unduepublicity.
Helpful Terminology
Child: a person under 18 years
Minor: a person between 14 – 18 years
Young Juvenile: a person between 14 – 16 years
Adult Juvenile: a person between 16 – 18 years
Young Adult: a person between 18 – 21
Juvenile: a child or a young adult
Adult: a person who has reached 18 years
Measures and Punishments by the Court
The measures that are imposed on minors are:
Diversion Measures, the purpose of which are to prevent, when possible, the commencement of proceedings against a minor offender; to promote positive rehabilitation and re-integration of the minor in the community to prevent repetition of the offense.
Educational Measures, the purpose of which are to contribute to the rehabilitation and proper development of a minor offender by offering protection and assistance and supervision; by providing education and vocational training, and by developing the minor’s responsibility to prevent repetition of the offense.
Fines, in which case the court shall consider the material situation of the minor, and shall not set the level of a fine above the means of the minor.
Community Service Work, a punishment that is imposed with the consent of the minor to replace and institutional educational measure of up to 3 years, juvenile imprisonment of up to 2 years, or a fine.
Juvenile Imprisonment, the purpose of which is to contribute to the rehabilitation and development of the minor offender with an emphasis on the minor’s education, specialized education, vocational skills, and proper personal development. The juvenile imprisonment term may not be for less than 6 months or more than 5 years, and is imposed in full years and months. The maximum term of juvenile imprisonment shall be ten years for serious criminal offences.
Important to Know
1. The authorities or institutions that participate in proceedings involving minors are obliged to proceed expeditiously and without any unnecessary delay
2. A minor who has been detained on remand shall be brought as speedily as possible for adjudication
3. A minor’s case shall not be adjudicated in absentia
4. A minor must have a defense counsel from the beginning till the end of the procedure
All proceedings involving minors shall be confidential