(KAZNENO)PRAVNI POLOŽAJ DJETETA U SUKOBU SA ZAKONOM U REPUBLICI HRVATSKOJ: TEMELJNI OBRISI

Abstract

The contemporary society has long recognized the child’s special position in the legal and judicial systems. Given that law is a reflection of societal understandings, such developments are the result of increased awareness of the need to adjust the law to the child at the normative and institutional levels, as well as the child’s unique protection within the legal (judicial) system. This is (must be) especially true in the repressive part of that system, i.e. criminal and misdemeanor law. The phrase “child in conflict with the law” appears in the more recent development of juvenile criminal law, so we will use it here as well. Therefore, in this paper, we provide an overview of the normative foundations and perspectives of the position of children in criminal and misdemeanor law, both at the supranational level (in terms of standards and impact on changes) and at the national level (in terms of the state and needs of Croatian society). The paper also discusses the position of the child as a victim of a criminal offense.