In the paper, the authors deal with the international and domestic legal framework for the protection of children's rights, with a special focus on the legal consequences of punishable behavior. In this regard, the authors first point to the historical development of the child's rights in international documents, especially addressing the child's right to undertake legal affairs and the child's right to free expression of opinion. In addition to this, the paper also deals with the issue of the position of minors in criminal proceedings, as well as the issue of the imposition and execution of criminal sanctions against minors according to the current criminal legislation of the Republic of Serbia. Special emphasis was given to considering the application of the provisions of the Law on Juvenile Offenders, as well as the position of minors in misdemeanor proceedings. In the final part of the paper, an overview of the legal frameworks of individual European Union countries regarding the position of minors in criminal legislation is presented.
The questionnaire for the assessment of risk for those sentenced to
imprisonment for up to three years is the main instrument of assessment used
in penitentiary institutions in Serbia. The results obtained with this
instrument create the basis of categorization, re-categorization of persons
within penal institutions, as well as an argument in deciding in various
criminal matters such as the procedure on the petition for conditional
release. Because objective assessment is a necessity of forensic and
educational work, the validity and reliability of the results obtained by
these instruments is of great importance. In this sense, this paper carries
basic information about the structure and content of the relevant
Questionnaire, clarification on the method of scoring, as well as critical
analysis in relation to its elements. Finally, with regard to perceived
opportunities to improve national practices, this paper offers some
suggestions of correction assessment procedures of convicts.
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