How many prison sentences are foreseen and what is the action of the institutions foreseen when a minor commits a criminal offense in Bosnia and Herzegovina? All these questions arise after the horrific murders in neighboring Serbia.
The minors who killed the old woman at the end of last year were quickly arrested, and are currently in the Juvenile Institution in Orašje. This case shows the procedure when juveniles commit crimes. Arrest. The judge determines the measure. Offenders go to the Education Center or the Institute. According to the Law, educational measures, juvenile prison sentences and security measures can be imposed.
“The juvenile prison sentence is imposed for a period of one to ten years, the exact amount of the sentence depends on the harmful consequences, on his behavior, his earlier life – all circumstances are taken into consideration”, lawyer Darko Stojaković explained.
And such are the provisions for those who are 16 to 18 years old. When they have less – they are not criminally liable, but there are procedures.
“In situations where it is determined that the perpetrator is under the age of 14, measures and actions are taken with the aim of revealing all aspects of the event, and measures and actions are taken in cooperation with the competent social welfare authority,” Lejla Gazibegović – Begović, from the Department for Juveniles, told us. Prosecutor’s Office of Tuzla Canton.
These actions are primarily of a resocialization character. Although the current perception is different, according to data in Sarajevo Canton, the number of crimes committed by minors is decreasing. It is also the result of the rehabilitation process carried out in the Education Center. Offenders spend up to three months here. The problem is the period after that.
“After the end of the criminal sanctions, I don’t know how much it was arranged, I don’t think it was – that the children are followed even after that. If it were solved, then it would be a complete success and then we could talk about the success of the rehabilitation”, points out Dženan Fejzić at the Sarajevo Canton Education Center.
What is also being reviewed now is the criminal responsibility of the parents. Such court processes are rare, and liability is difficult to prove. One indictment against the parents is currently being filed before the Prosecutor’s Office of Tuzla Canton.
“It is not very easy to label parents as the only ones responsible for a child. A child is a product of his environment, not only of his parents. The parent brings up and instills values, but the child interacts with many people – with other children, teachers, he is influenced by the entire society”, explains lawyer Stojaković.
Lawyer Ifet Feraget agrees with this. At the same time, it is proposed that the criminal liability of minors be reduced to 12 years. Is increasing fines the solution?
“If we expect the judiciary to solve problems, then we are on the wrong path, attention should be paid to education. There are some who propose to lower the threshold of punishment – this is completely unacceptable”, warns Feraget.
And that’s because it’s about children. Often overlooked. Children growing up in unstable societies and often dysfunctional families. Penal provisions follow European practice, lawyers point out, but many other social aspects are not adequate.
