Publication details
Vazba mladistvých a problematika jejího prodlužování
| Title in English | Custody of Juveniles and issues of its extension |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Proceedings |
| Conference | COFOLA 2020 |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Custody; Juveniles; The Juvenile Justice Act; Further Duration of Custody; Three-month Period; Particularly Serious Offense |
| Description | Custody, although undoubtedly an instrument that is usable only to the extent necessary, in compliance with the principle of proportionality and, if its purpose cannot be achieved by milder means, is a relatively frequently used institute in criminal proceedings. Same as adult offenders, custody can also be used in criminal proceedings against a juvenile. It is undoubtedly a mechanism that is also designed to manage juvenile delinquency because it serves the purpose of criminal proceedings. This institute is considerably modified in the case of juveniles, especially with regard to the psychological specifics of juveniles. Therefore, it should be possible to use it only when, due to the extraordinary gravity of the committed offense or the extraordinary degree of the juvenile's personality disturbance, its detention for criminal proceedings cannot be achieved in any other way. It is therefore clear that the Juvenile Justice Act makes the conditions for using custody even more stringent than the general regulation of custody. As part of the paper, I would like to ask a question how, in the light of stated above, is it possible that in the case of custody of an adult it is necessary to decide about further duration of custody every three months, but in the case of a custody of a juvenile who has been charged with a particularly serious offense, custody may last for a 6 months without any judicial review. So, should be followed in this case general regulation in the Criminal Procedure Code? Or can the special regulation in the Juvenile Justice Act be considered special also for this particular issue? And if the latter is true, isn’t it an unconstitutional regulation? |
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