| Abstract [eng] |
Application of Imprisonment for Juveniles This master thesis presents application of imprisonment for juveniles and problematic aspects of this process in Lithuania and foreign countries. To achieve more detailed analysis, this thesis also analyzes the concept of a juvenile and the age from which the imprisonment may be imposed in comparison with foreign countries and their practice. This thesis also examines main factors and prevalence of criminal behavior of juveniles and reveals that imprisonment is a significant factor which contributes to the criminal behavior and the recent statistical data on juvenile crime does not show the demand of tightening criminal policy towards juveniles or frequent application of imprisonment for juveniles. This thesis also reveals that practice of application of imprisonment for juveniles in Lithuania does not comply fully with international standards and does not reflect main principle of ultima ratio in application of imprisonment for juveniles comparing with practice in other countries and especially considering long-term negative impact on juvenile physical and psychological health. The analysis of cases leads to the conclusion that the main causes of such application of imprisonment practice in Lithuania are related to an insufficient attention and assurance of features of criminal liability of juveniles when courts concentrate and emphasize on general purposes of the punishment and not the features mentioned above as well as insufficient motivation or failure to provide proper analysis in the application process of circumstances provided in Article 91 of the Criminal Code which courts have to evaluate. This master thesis emphasizes and encourages case practice when the features of criminal liability of juveniles are taken into profound consideration, court assigns social analysis report to properly evaluate circumstances provided in Article 91 of the Criminal Code and provides detailed motives in the presence of application of imprisonment. Furthermore, thesis also encourages to impose suspended execution of imprisonment sentence for juveniles if the circumstances of the case allow considering successful practice of applying this institute in foreign countries. |
