After the news that members of the Ministry of Internal Affairs (MUP) identified a thirteen-year-old who sent threatening messages educational institutions in Serbia, the issue of criminal responsibility of minors is raised again.
Namely, on March 25, the minor sent messages via e-mail in which, as stated in the announcement, spread panic warning of an alleged terrorist attack and explosive devices planted in schools.
Since the child is under the age of 14 and does not have criminal responsibility under the law, a report will be filed against the parents.
Although the President of Serbia, Aleksandar Vučić, after the mass murders in May of last year in the elementary school "Vladislav Ribnikar" and in Dubona, proposed lowering the limit of criminal responsibility for minors from 14 to 12 years old, that proposal has not yet reached the parliament for a decision.
More than 5000 respondents from Serbia took part in the "Public Attitude towards Juvenile Criminals" survey, and the attitude of citizens, scientists and professionals towards the age limit of criminal responsibility was divided.
What awaits the parents?
In Serbia, anonymous reports about explosive devices allegedly planted in schools are frequent.
During the last school year, the Ministry of Internal Affairs recorded 80 reports of planted fake bombs in schools in Serbia.
At the end of last year, the Ministry of Internal Affairs identified three minors against whom a criminal complaint was filed on suspicion of causing panic and disorder, while a criminal complaint was filed against the parents of the suspects on suspicion of having committed the criminal offense of neglecting and abusing a minor.
In the event of a criminal offense committed by a minor, parents or guardians may face various types of legal liability, including civil liability, misdemeanor liability and other sanctions.
Detention of the child as a last resort
After the tragedy at "Vladislav Ribnikar" Elementary School, as many as eight minors spent at least a month in detention in Novi Sad, mainly because of posts on social networks. On their cases the media reminded, and on that occasion there was a reaction from organizations for children's rights, which appeal for the respect of their rights and the proper application of national and international standards in these situations.
"Determining custody of minors must be in accordance with the law and used as a last measure, for the shortest possible period of time, while respecting the best interests of the child," Jelena Paunović, director of the Center for Children's Rights, explained earlier to "Vreme".
"Instead of custody, measures of temporary accommodation of minors in a shelter, educational or similar institution must have primacy. There, the space is suitable for children, they have time to play, psychological support and everything needed to provide them in such a situation according to their age.
The measure of detention must be an exception, and when it is determined, it should be in accordance with the law and as a last measure, used only for the shortest possible period of time, especially when it comes to younger minors (14-16 years old)," she said. Jelena Paunović, director of the Center for Children's Rights, told Vreme.
Society first punishes instead of preventing
From the joint GRiG, which works to improve the quality of life of children and young people who are in conflict with the law, they say that there is currently an expansion of "jumping" in the behavior of minors, committing criminal acts, which may result in the need to "keep them under control".
"Certainly, a reaction to such content was needed, but it is also important how minors are treated," says Maja Milačić, coordinator in the community.
She reminds that our society has always been dominated by punishment rather than prevention.
"We have been trying for years, in cooperation with other colleagues, to draw attention to the topic of prevention and counseling work with minors as a form of reducing the risk of re-offending," says Milačić.
She explains that this is exactly what educational orders are for, when issuing them, not only the type of crime is taken into account, but also whether the juvenile committed the crime for the first time, how aware he is of his actions and responsibilities.