| Abstract [eng] |
Criminal liability of juvenile offenders is a relevant issue which requires constant attention of states, legislators, law enforcement institutions, specialists of criminal law and non-governmental institutions. On initiative of United Nations Development Programme, the Government of the Republic of Lithuania introduced Juvenile Justice Programme (1999 – 2002 ) on the 17th of November 1999. This programme played an important role in humanizing and modernizing the system of juvenile criminal justice. On the 1st of May 2003 a new Criminal Code of the Republic of Lithuania introduced new section under the title "Characteristics of Juvenile Criminal Liability”. Juvenile criminal liability is one of the most important issues of criminal justice policy. Due to specific physical and psychical features of juveniles, juveniles are considered exclusive subjects of criminal justice. Therefore, punitive measures applied should re-educate the minor and help to integrate him into society instead of simply punish him for the crime committed. In Lithuania, the central aim of reforms in punishment system was to impose educational measures on juvenile offenders which would be an alternative to imprisonment. However, even though educational measures are considered to be very important, in practice this kind of punishment is not widely applied in the juvenile criminal justice. Moreover, statistical data show that the number of cases when imprisonment is imposed on juvenile offenders tends to increase. System of minimal and moderate supervision in respect of juveniles is not clearly distinguished from activities of other juvenile institutions. Therefore, legislation does not provide particularities of minimal and moderate supervision system. In 2003 a law draft regarding minimal and moderate supervision of a child was introduced, which has not been approved till now. This fact should be considered negatively in terms of the effectiveness of juvenile justice. By analysing long experience in juvenile criminal justice of some foreign countries, such as England, Holland, Canada and Sweden, various aspects of applying particular institutes in the proceedings were considered. The following conclusions regarding the characteristics of juvenile criminal justice were made: firstly, the list of punishments imposed in Lithuania is longer the those of other countries; secondly, England, Canada and Sweden already apply a new punishment model, i.e. combined punishment comprised of two stages, namely, imprisonment and supervision. Such punitive measures help to decrease delinquency and ensure juveniles' re-socialization and integration into society. And lastly, foreign countries in question pay more attention to alternatives to conventional punitive measures, such as diversion or mediation. |
