| Abstract [eng] |
SUMMARY Entry into force of the new Criminal Code has been isolated a new chapter which is regulating the peculiarities of criminal responsibility of juveniles. This new chapter due the consolidation of punishments, sanctions on educational system and other specially exemptions of juveniles. This exclusivity is associated with the assessment of comprehensive juveniles age, physical and mental peculiarities for which is not always necessary to determine the most severe punishment to the young offenders. The peculiarities of criminal responsibility of juveniles are narrower list of punishments imposed which is consolidated in a new criminal law, the alternative list of education measures, the peculiarities of determining punishments and education measures to the juveniles, the term reduction of criminal opportunity and the milder conditions of exemption from execution. The purpose of these speculiarities is to indicate some guidelines and provisions which the court have to follow when is determining the punishment for juveniles. The punishment is the most severe coercive measure which restricts the juveniles freedoms, rights and cause the most difficult consequences. The sentencing is aimed not at the one goal, but all the goals of the whole, which are provided in the new criminal law. It is not only the punishment, but also the ambition to change juveniles lifestyle, behavior, the elimination of unlawful conduct causes and the juvenile suppression of the new criminal offenses. The each offender has the right to the correct punishment, so the court must take into account not only the statutory requirements, but also to the provisions which help to individualize the determining punishment and consolidate the fundamental principles of law, when the court is estimating the specific circumstances of the case. The court has to take account when he is determining the punishment to the gravity of criminal offense, form and kind of guilt, the motive, goals, stadium of criminal offense, aggravating and mitigating circumstances of responsibility, to the education and living conditions, health, social maturity of juvenile offender and to the effectiveness of previously applied sanctions to him, furthermore to the behavior of juvenile after the crime was comitted. This are the circumstances which determine the personality formation in the influence of social environment, the strict evaluation and the understanding the consequences of their behavior. |
