Towards Improving The Legislation And Case Law On The Application Of A Measure Of Restraint On A Minor

Abstract

The juvenile defendant as a juvenile in conflict with the law and criminal justice as the most "severe" form of justice has always been both the subject of active observation in society and a topical part of the country's criminal policy. On June 12, 2015, the Law of Georgia "Juvenile Justice Code" (hereinafter - JJC) was adopted, thus joining the number of countries where juvenile justice (at the domestic level) is regulated by independent special legal acts. Recently, on September 1, 2020, the Law of Georgia "Code of the Rights of the Child" entered into force (adopted on September 20, 2019), which further strengthens the unshakable, constructive policy of the State in terms of forming a solid support system ensuring the rights and freedoms of minors. The issue of preventive measures against minors is discussed in the paper, taking into account the domestic legislation of Georgia and the regulations provided by international legal norms, case law and statistics in the country. The rights of the juvenile defendant, as a specific direction concerning the rights of the child in law, become an even more specific subject of interest when a measure of restraint is imposed on the juvenile defendant. The JJC provides for a number of features that are directly connected to the application of a measure of restraint to a minor. However, it is advisable to make several legislative changes in this direction, for example:to establish an electronic monitoring measure as the main form of prevention and develop a sample list of additional restrictions. As well as this, it is important to take into account the following issues: consideration of the judge's discretion in the case of detention on bail; the practice of imposing supervision on both parents; and an indication of the circumstances of best interest of the juvenile among the circumstances to be taken into account by the judge, etc. Case law and statistics reveal that the issue of non-custodial treatment of a juvenile and the predominant use of extradition of a juvenile under the supervision of a parent are still active among these non-custodial measures. One of the important issues concerning imposing a measure of restraint on a juvenile defendant is the specialization of the persons involved in the process and the effective implementation of this legislative reservation,which implies the correct approach of the prosecutor, lawyer and judge. Undoubtedly, the focus of the whole process should be the best interests of the child. The current legislation and system of juvenile justice in Georgia requires a timely, dynamic development and continuous improvement in line with the growing demands and needs of juveniles in the modern world, which should be one of the priority directions of the state for each child.