Between Rehabilitation and Responsibility: Approach of Serbian Misdemeanour Law towards Juvenile Offenders

Abstract

This study analyses the Serbian law provisions that regulate the liability of juveniles, that is, persons under 18 years of age. The work is divided into three sections that address the most important aspects of the juvenile justice system. The first section examines substantive legal provisions. The Law on Misdemeanours differentiates between two major categories of offenders under 18 years: children – individuals below 14 years of age, who are completely exempt from misdemeanour responsibility, and juveniles between 14 and 18 years, who are legally liable for their actions. One unique characteristic of the Serbian misdemeanour law system is the principle of parental responsibility regarding offenses committed by juveniles below 18 years of age. When a child commits a misdemeanour, the parent is held liable on the principle of vicarious liability; this means they are treated as having committed the offense themselves. If the misdemeanour is committed by a juvenile aged 14–18 years, parents can be held liable alongside the juvenile, if the law stipulates so. The second section addresses sanctions against juvenile offenders. The main sanctions designated and tailored especially for juveniles are educational measures, which aim to positively influence the behaviour and development of a juvenile. Their focus is to achieve the effect of special prevention. For juveniles in the older age group (16–18 years), the law provides for the possibility of applying penalties if circumstances require so. The final section presents a detailed analysis of procedural provisions related to juvenile offenders, highlighting specific features that distinguish juvenile proceedings from adult cases. By providing a comprehensive overview of Serbia’s legislative approach to juvenile misdemeanour responsibility, this study aims to contribute to the ongoing discourse on optimal juvenile justice practices.