International Legal Standards for The Prosecution of Juvenile Crimes

Аннотация

This article is devoted to the implementation of the institution of a plea agreement in cases of juvenile delinquency. The article analyzes the legislation related to the introduction of the institution of a plea agreement in cases of juvenile delinquency. Keywords: Criminal proceedings, juvenile delinquency, juvenile defendant, international standards, closed court session, principle of office work. are not fully formed physically and mentally like adults. Introduction: The international rules for the conduct of criminal proceedings are stipulated in international The Beijing Rules, adopted on 29 November 1985, documents and standards such as The Universal establish the Conventional status of persons under the Declaration of Human Rights, International Covenant age of eighteen. According to paragraph 8 (a) of the UN on Economic, Social and Cultural Rights, The Economic and Social Council (ECOSOC) Resolution International Covenant on Civil and Political Rights, 2004/27 Guidelines on justice for child victims and European Convention on Human Rights. witnesses of crime of 21 July 2004, “Every child is a unique and valuable human being and as such his or her In addition to the above-mentioned legal documents, individual dignity, special needs, interests and privacy when courts consider criminal juvenile cases, the should be respected and protected”. United Nationsнинг United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The In accordance with the above, international legal norms Beijing Rules) (1985) , Convention on the Rights of the establish minimum standards for special procedural Child (1989) , United Nations Guidelines for the rules on the special protection of juvenile justice. In Prevention of Juvenile Delinquency (The Riyadh particular, the guidelines and recommendations of the Guidelines) (1990) , Rec(2003)20 - Recommendation of Declaration of the Rights of the Child of the United the Committee of Ministers to member states Nations General Assembly of 20 November 1959 concerning new ways of dealing with juvenile stipulate that the physical and mental immaturity of a delinquency and the role of juvenile justice (Adopted minor implies his right to special protection. by the Committee of Ministers on 24 September 2003 The Commonwealth of Independent States (CIS) at the 853rd meeting of the Ministers' Deputies) and Convention on Human Rights and Fundamental other international documents takes. Freedoms, signed on May 26, 1995 recognizes the right International and European standards define the status of every minor to the special protection of his family, of a minor who is a participant in a criminal process. In society and the State, in accordance with his particular, The Geneva Declaration of the Rights of the circumstances. Child, adopted in 1924, for the first time recognized In this regard, international rules and standards for the that minors are active participants in social relations. It conduct of cases against minors who have committed specifically defines the complex rights of minors in crimes are aimed at strengthening the educational and these relations, taking into account the fact that they preventive impact of justice on the defendant. International Journal of Law And Criminology 12 https://theusajournals.com/index.php/ijlc International Journal of Law And Criminology (ISSN: 2771-2214) Article 14, paragraph 4, of the International Covenant information about them must be respected at all stages on Civil and Political Rights, adopted on December 16, of the proceedings against them. 1966, states that in the trial of juveniles, the age of the According to paragraphs 8.1; 8.2; 21.1; 21.2 of the defendants and the desirability of assisting in their Beijing Rules, the publication of any information rehabilitation should be taken into account. concerning a juvenile offender is prohibited. In order to According to the Convention on the Rights of the Child, avoid unnecessary publicity that may cause harm to the every juvenile who is accused of, or recognized as young boy or girl or damage to their reputation, the having infringed the criminal law has the right to be right to privacy of the juvenile must be respected at all heard and to be heard in a manner conducive to the stages of the proceedings (paragraph 8.1 of the Beijing development of a sense of dignity and worth, to the Rules). In accordance with this principle, no strengthening of respect for human rights and information that could lead to the identification of the fundamental freedoms of others, taking into account juvenile offender should be published (paragraph 8.2 of the juvenile's age, his or her capacity for self-restitution the Beijing Rules). and the desire to be helped to take a useful place in The rules for the application of these requirements are society (Article 40.1). This international legal norm set out in paragraph 21 of the Rules, which state that: provides that any procedural action taken aga