Mandatory defense due to the age of the convicted in executive criminal proceedings

Abstract

The execution of the imposed penalties and measures and the elimination of their effects is the last stage of the criminal trial, to which the provisions regulating proceedings in the earlier stages apply. In criminal proceedings, there are many grounds for mandatory defense of a minor and an underage accused, which differ in the moment of ending the obligatory defense. The analysis carried out in this article aims to answer the question whether there is also a duality in the basis of obligatory defense in executive criminal proceedings due to the age of the convict and what is the scope of each of them. The research used dogmatic-legal and historical methods. As a result, due to the fact that at the execution and liquidation stage, the minor status previously held by the convict loses its importance, the grounds for mandatory defense are not multiplied due to the convict's age. Therefore, the mandatory defense due to the convict's age ends when he or she turns 18. The results of the conducted research increase the clarity of interpretation of the provisions regarding the basics of mandatory defense in executive criminal proceedings.