Serbia

Context

Serbia's juvenile justice system operates within a society of approximately 6.7 million people, with about 14.35% of the population aged 0–14. In 2023, there were 61,052 live births and 97,081 deaths, indicating a natural population decline.

The number of crime reports against juvenile offenders had a slight decrease over the period 2015-2023 (3,355 to 2,598, respectively), but 2023 with 2,598 crime reports represents an 8% increase from the previous year. At the same time, the number of motions submitted pronouncing sanctions constantly increased in the period 2021-2023 from 1,383 in 2021 to 1,867 in 20231.

Increased share of girls is seen (from 9.4% in 2015 to 11% in 20232), and particularly in the age group 14-16 (from 6.9% in 2015 to 8.2% in 2023)3.

The number of juveniles sentenced to criminal sanctions increased by 20% comparing to 2022 (from 1,212 in 2022 to 1,454 in 20234).

After the slow and almost constant increase in number of children sentenced to institutional measures from 2015 to 2022, the number decreased in 2023 for 25%5 compared to the previous year.

In 2021 and 2022, the higher share of institutional measures was present among children in the age group 14-16 (7.97% in 2021 and 9.09% in 2022), which decreased in 2023 (6,28%)6.

At the same time, diversion measures have still only been applied in very small number of cases and are constantly decreasing (8,3% in 2018 to 7.4% in 2023)7.

An almost constant increase in children sentenced to institutional sanctions and a decrease in the application of diversionary measures, clearly point to the need for accelerated and increased efforts to reform the juvenile justice system in Serbia.

After the period of decreased child victims of criminal offences, from 20198 to 20229 (from 2,009 to 1,567, victims respectively), the number of children victims of criminal offences increased 7.78% in 202310 (1,567 children victims in 2022 and 1,689 in 2023).

It should be noted that in 90.05% of cases perpetrators were adults but in 56% of cases victims were aged below 14 (56%).

Children were mostly victims of criminal offences Failure to Provide Maintenance (60.57%), sexual criminal offences (10.72%) and Family Violence (7.52%)11.

1. Ibid.

2. Ibid.

3. https://www.stat.gov.rs/publikacije/publication/?p=14922 (National Statistical Office, Bulletin – Juvenile offenders in 2021), https://www.stat.gov.rs/publikacije/publication/?p=9846 (National Statistical Office, Bulleting – Juvenile offenders in 2015))

4. SORS. https://stat.gov.rs/sr-Latn/vesti/20240712-maloletni-ucinioci-krivicnih-dela-2023/?a=0&s=0501&utm_source=chatgpt.com

5. Bulletin “Juvenile Criminal Offenders in the Republic of Serbia, 2023). SORS. https://publikacije.stat.gov.rs/G2024/Pdf/G20245715.pdf

6. Ibid.

7. ibid.

8. Bulletin „Adult Criminal Offenders“ 2019. SORS. https://publikacije.stat.gov.rs/G2020/Pdf/G20205665.pdf 

Bulletin “Juvenile Criminal Offenders in the Republic of Serbia, 2019. SORS. https://publikacije.stat.gov.rs/G2020/Pdf/G20205666.pdf

9. Bulletin „Adult Criminal Offenders“ 2022. SORS. https://publikacije.stat.gov.rs/G2023/Pdf/G20235702.pdf

Bulletin “Juvenile Criminal Offenders in the Republic of Serbia, 2022. SORS.

https://publikacije.stat.gov.rs/G2023/Pdf/G20235703.pdf

10. Bulletin „Adult Criminal Offenders“ 2022. SORS. https://publikacije.stat.gov.rs/G2024/Pdf/G20245714.pdf Bulletin “Juvenile Criminal Offenders in the Republic of Serbia, 2023). SORS. https://publikacije.stat.gov.rs/G2024/Pdf/G20245715.pdf

11. Bulletin „Adult Criminal Offenders“ 2022. SORS. https://publikacije.stat.gov.rs/G2024/Pdf/G20245714.pdf Bulletin “Juvenile Criminal Offenders in the Republic of Serbia, 2023). SORS. https://publikacije.stat.gov.rs/G2024/Pdf/G20245715.pdf

Juvenile Justice System

Legal framework

• The Constitution of Serbia (2006), guarantees the protection of the rights of children and minors, including the right to a fair trial and the prohibition of cruel, inhuman, or degrading treatment or punishment.

• The Criminal Code (2005, amended several times ) defines the age of criminal responsibility, defines criminal offences, and outlines the scope of penalties (particularly important for criminal offences against children).

• The Law on Juvenile Offenders and Criminal Protection of Juveniles (2005), is the central legislation regarding juvenile justice. This law outlines the principles, procedures, and penalties applicable to juveniles who commit criminal offenses, and protective measures for children victims of criminal offences

• The Law on Special Measures for the Prevention of Sexual Offenses Against Minors (2013) introducing abolishment of statute of limitation for prosecuting sexual offences against children, and significantly stricter penal policy for individuals convicted of sexual offenses against children

• The Law on Misdemeanors provides substantive and procedural provisions governing misdemeanors, with specific conditions for juvenile perpetrators in line with the Law on Juvenile Criminal Offenders and Criminal Protection of Juveniles

• The Law on the Prevention of Domestic Violence further advanced the protection of children victims of domestic violence and a number of other criminal offences, by enabling urgent protective measures, and intersectoral protection of victims.

• The Law on Free Legal Aid providing for free legal aid and free legal support to any child when the rights, duties and interests of a child are being decided in a proceeding before court or other public authorities

• The Law on Police prescribes the authorities and obligations of police officers, in responding and preventing juvenile criminal offences and protection of children victims. This law stipulates that specialized police officers trained in children’s rights and juvenile  justice are obligated to handle cases involving children. The Law requires police officers, when exercising police powers, to respect the dignity of the child, taking into account their psychological, emotional, and other personal characteristics, as well as ensuring the protection of their privacy.

• The Law on Enforcement of Criminal Sanctions, regulates the execution of imprisonment and deprivation of liberty, including juvenile prison sentences

• The Family Law and The Social Protection Law, which contribute to protecting the rights of children, including those involved in the justice system.

Minimum age of Criminal Responsibility

Under Serbian law, the minimum age of criminal responsibility is 14. Children under this age cannot be held criminally responsible for their actions.

The Criminal Code categorizes children into three groups:

1.       Minor person: child aged from 0 to 18

2.       Child: a child aged from 0 to 14

3.       Minor: a child aged from 14 to 18, with 2 subgroups:

a.       minor, aged 14-16

b.       juvenile aged 16-20

This categorization has direct and notable impact on

-        Sanctions against juvenile offenders

-    Sanctions against perpetrators of criminal offences against children (the penalties are more lenient if the criminal offence is committed against minors (children from 14 to 18).

Juveniles aged 14 to 18 can be criminally prosecuted, with the system offering more lenient penalties and focusing more on rehabilitation rather than punishment. The law provides a separate procedure for juveniles to ensure that their cases are handled with special consideration given to their age, maturity, and potential for rehabilitation.

The Juvenile Justice System

The juvenile justice system in Serbia is a specialized framework designed to deal with minors who have committed offenses, as well as to provide protective measures for children victims of criminal offences. It incorporates a range of procedures and institutions that focus not only on punishment but also on rehabilitation, reintegration, and the protection of children rights. The system is based on international standards and the recognition of children as individuals in need of special protection due to their age, development, and social circumstances.

Adoption of the Law on Juvenile Offenders and Criminal Protection of Juveniles, Criminal Code, and Family Law, in 2005 marked a shift towards a more proactive and protective justice system for children. All laws promote child’s best interests, participation, non-discrimination and the right to be heard, thus integrating these overarching principles of the Convention on the Rights if the Child. The Law on Juvenile Offenders and Criminal Protection of Juveniles introduced a shift from a punitive to a restorative model of juvenile justice and measures for protection of child victims which were further adopted within the Criminal Procedure Code. The Family Law strongly promotes child’s participation and the obligation of courts and public authorities to give the child’s best interests  paramount importance, and enhanced child’s position before court.

The Serbian juvenile justice system includes specialized juvenile courts that handle cases involving minors. These courts are part of the general judicial system but operate with a distinct set of procedures and judges trained in juvenile law. The court process for juveniles prioritizes restorative justice rather than punitive measures.

Diversion Measures

Public Prosecutor for Juveniles or Juvenile Judge may apply on or more of the following diversion measures against the juvenile offender:

• Reconciliation with the victim - This involves compensating for the damage, offering an apology, performing work, or taking any other action to eliminate, in whole or in part, the harmful consequences of the offense.

• Regular school attendance or regular attendance at work - This measure ensures that the juvenile continues their education or starts working. Its purpose is to strengthen responsibility and create conditions for stabilization and the development of responsible behavior.

• Involvement, without compensation, in humanitarian organizations or socially, locally, or ecologically focused work - This measure involves engaging the juvenile in activities that benefit the community, such as assisting humanitarian organizations or working in social, ecological, or local contexts. Such activities help juveniles feel useful and connect with positive societal values.

• Undergoing examination and detoxification from substance abuse - If the offender was under the influence of alcohol or narcotic drugs, they may be ordered to undergo appropriate examination and detoxification treatment. This measure aims to eliminate addiction and prevent future offenses.

• Involvement in treatment at healthcare facilities or counseling centers - The juvenile may be referred to individual or group treatment at appropriate healthcare institutions or counseling centers. These measures are specialized for juveniles with mental, emotional, or psychological issues, with the goal of providing adequate therapy and support.

  
  

In case of implementation of diversion measures, the criminal procedure is not initiated. The criminal procedure is applicable for criminal offences for which a fine or a prison sentence of up to five years is prescribed.

Sanctions

If the criminal procedure is launched, juvenile offender may be sentenced to education measures or juvenile prison.

I             Educational Measures

Instead of imprisonment, juveniles may be sentenced to educational measures:

1.       Warning and guidance measures:

1.1. judicial reprimand: A judicial reprimand is imposed if, from the juvenile’s attitude toward the committed criminal offense and their willingness to refrain from committing criminal offenses in the future, it can be concluded that a mere reprimand is sufficient.

1.2. special obligations

2.       Measures of increased supervision:

2.1. increased supervision by parents, adoptive parents, or guardians: will be imposed by the court if the parents, adoptive parents, or guardians have failed to exercise the necessary care and supervision over the juvenile, yet are in a position to provide such care and supervision, and it can reasonably be expected from them.

2.2.  increased supervision in another family: If the parents, adoptive parents, or guardians of the juvenile are unable to exercise supervision over the juvenile, or if such supervision cannot reasonably be expected from them, the juvenile will be placed in another family that is willing to take them in and is capable of providing increased supervision.

2.3. increased supervision by guardianship authorities: if the parents, adoptive parents, or guardians of the juvenile are unable to exercise increased supervision, and there are no conditions for increased supervision in another family, the juvenile will be placed under the supervision of the guardianship authorities.

2.4. increased supervision with daily attendance at an appropriate correctional institution: The measure of increased supervision with the obligation of daily attendance at an correctional institution for juveniles will be imposed by the court if, in addition to one of the appropriate educational measures of increased supervision, the involvement of specialists in a specialized institution that deals with juveniles is also necessary.

3.       Institutional measures:

3.1. referral to an correctional institution: The court will impose the measure of referral to an correctional institution when it is necessary to remove the juvenile from their previous environment and provide them with assistance and continuous supervision by professionals.,

3.2. referral to a correctional facility: The court will impose the measure of referral to a correctional facility for a juvenile who, in addition to being removed from their previous environment, requires increased supervision measures and specialized educational programs

3.3.  referral to a special institution for treatment and training: In the case of a juvenile with physical, mental or other disabilities or with mental health problems, the court may, instead of the measure of referral to an correctional institution or correctional facility, impose the measure of referral to a special institution for treatment and rehabilitation.

Special obligations may be imposed independently or with most of education measures enlisted above.

Special obligations are:

1.       To apologize to the victim;

2.       To compensate for the damage they caused, within their capabilities;

3.       To regularly attend school or not be absent from work;

4.       To be trained for a profession that matches their abilities and interests;

5.       To voluntarily engage in the work of humanitarian organizations or in social, local, or ecological activities;

6.       To participate in certain sports activities;

7.     To undergo appropriate examination and detoxification from substance abuse caused by alcohol or narcotic drugs;

8.       To participate in individual or group therapy at an appropriate healthcare institution or counseling center and to follow the work programs prepared for them in these institutions;

9.       To attend vocational training courses or to prepare for and take exams that test specific knowledge;

10.   Not to leave their place of residence or stay without the consent of the court and special approval from the guardianship authorities.

II           Imprisonment in juvenile prison

A juvenile (a child aged 16-18) who has committed a criminal offense for which the law prescribes a prison sentence of more than five years may be sentenced to a juvenile prison if, due to the high degree of guilt, the nature and severity of the offense, it would not be justified to impose an educational measure. 

An adult who has reached the age of twenty-one cannot be tried for a criminal offense committed as a minor (child aged 14-16).

An adult who committed a criminal offense as a juvenile (child aged 16-18) and, at the time of the trial, has not yet reached the age of twenty-one may be imposed an appropriate educational measure (special obligations, increased supervision by guardianship authorities, or referral to a correctional facility), and a juvenile prison sentence.

Juvenile Justice Monitoring

In 2009, minister of justice and the president of the Supreme Court adopted decision on establishment of the Council for Monitoring and Improving the Work of the in Charge of Criminal Procedure and Enforcement of Criminal Sanctions against Juveniles (Council for Juveniles).

In 2018, a new Council was established, consisting of judges, prosecutors, representatives of police, Directorate for Enforcement of Criminal Sanctions, Ministry for Family and Demography, and Judicial Academy. The Council’s scope of work refers to submitting initiatives, proposals, opinions and analyses regarding juvenile delinquency and the protection of minors in criminal proceedings - children as victims and witnesses of criminal offenses, to the Ministry of Justice and the Supreme Court of Cassation, with the aim of improving law, policy and practice in this area12.

12. https://www.pars.rs/en/cooperation/domestic-cooperation/council-monitoring-and-improving-work-criminal-procedure

In the EU accession process, the Revised AP for the Chapter 23 - Judiciary and Fundamental Rights, envisages targets in relation to children in contact with the law, including

- establishment of a child-friendly justice system

-amending and implementing The Law on Juvenile Offenders and Criminal Protection of Juveniles,

- enhancing the role of key councils (such as the Council for the Rights of the Child and the Council for Monitoring and Improving the Work of the  in Charge of Criminal Procedure and Enforcement of Criminal Sanctions against Juveniles). 

-  providing trainings on juvenile offenders,

- improving alternative sanctions for juveniles and measures to reintegrate juvenile offenders back into society.

- enhanced respect of rights of the child, with particular attention for socially vulnerable children, children with disabilities and children as victims of crime.

- adoption a new Law on Legal Aid and establishment of a well-resourced legal aid system.

- amending Criminal Code, the Criminal Procedure Code, the Law on Special Measures for Preventing Criminal Offenses Against Sexual Freedom of Minors, the Law on the Execution of Criminal Sanctions, and the Law on the Execution of Non-Custodial Sanctions and Measures, with the aim to align with the EU Victims' Rights Directive (2012/29/EU)

13 https://www.podrskazrtvama.rs/lat/pomoc-i-podrska/ko-pruza-podrsku.php#tuzilastvo

Assessment of Implementation of International and European legal framework guiding juvenile justice

Committee on the Rights of the Child

Committee on the Rights of the Child in its Concluding observations on the Combined Second and Third Periodic Reports of Serbia14 urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards, through, among others,

- establishment of specialized juvenile court facilities and procedures with adequate resources;

- ensuring that alternative measures to detention are fully implemented,

- and using detention as a last resort and for the shortest possible period of time.

The Committee expressed concern about inadequate harmonization between the laws in relation to the criteria for questioning particularly vulnerable witnesses, which often leads to the revictimization of child witnesses. The Committee recommends the State to take measures to harmonize the Criminal Procedure Code and the Law on Juvenile Criminal Offenders And Criminal Protection of Juveniles and

- to exclude the possibility of questioning particularly vulnerable witnesses;

- to expedite the establishment of child-sensitive procedures

- ensure that interviews are conducted in an appropriate manner, in the absence of the accused and by adequately trained judicial staff,

 in order to prevent the revictimization and traumatization of children.

Committee on the Rights of the Child in its Concluding observations on Report of Republic of Serbia on Implementation of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography15, recommended to the state to

- ensure the protection of child victims and witnesses at all stages of the criminal justice process, to enable systematic data collection on both the perpetrators and victims of the sale of children, child prostitution and child pornography, disaggregated by, inter alia, the nature of the offence and by age, sex, ethnic or social origin, urban/rural-areas, with particular attention to children who are especially vulnerable to becoming victims of the offences. 

The European Commission

The European Commission Progress Report on Serbia 202416 stressed the need for adoption of a new Law to align juvenile justice system with the EU acquis and international standards. The Law on Prevention of Domestic Violence needs to be amended to ensure that every child who is a witness or victim of domestic/partner violence is always included in the court’s individual protection plan. EC recommended Serbia adopt and allocate appropriate financial and human resources for the pending action plans on violence against women, de-institutionalization, anti-discrimination and violence against children, and ensure timely reporting on their implementation; actively counter hate crimes and establish a track record of investigations and convictions.

14 CRC/C/SRB/CO/2-3, 2017, https://docs.un.org/en/CRC/C/SRB/CO/2-3

15 CRC/C/OPSC/SRB/CO/1, https://docs.un.org/en/CRC/C/OPSC/SRB/CO/1

16 https://enlargement.ec.europa.eu/document/download/3c8c2d7f-bff7-44eb-b868-414730cc5902_en?filename=Serbia%20Report%202024.pdf

Rate of children in detention per 100,000: 35 (2022) https://data.unicef.org/resources/dataset/children-in-detention/