Minors, perpetators of crimes

Statistical Office of the Republic of Serbia (SORS)

Unit for Justice and Gender statistic.

Vesna Zajc and Dragana Nikolic

Head of the Judicial and Gender Statistics Group

Statistical Methodologist

SORS, Belgrade, 5 Milana Rakića 

vesna.zajc@stat.gov.rs;

dragana.nikolic@stat.gov.rs

00381 11 2412922 ext  298

Juvenile delinquency is a criminal offense with a special form of criminal behavior pertaining to minors. Juveniles are persons of a certain age, varying from one country to another, determined by social, cultural, psychological, traditional, biological, climatic and other conditions of individual countries. For European countries, it is characteristic that the lower limit ranges from 13 to 14, and the upper one is from 17 to 18 years. Juvenile delinquency is essentially the same area of behaviour as the crime of adult persons, and is also considered a part of crime in general, but since it is performed by a population with special characteristics - social, psychological, biological, this form of crime exhibits special forms, and is structurally shown as a special form of incriminated behaviour. 

The data collected in the surveys provide information about the perpetrator, the criminal act, the procedural stages through data about the end of the procedure, the type of a decision, family circumstances and about the duration of the procedure, imposed sanctions, about the injured (victims) and the duration of the procedure.The goal of those surveys is to collect data on reported persons as well as data on convicted minors (submitted proposal to the Juvenile Council for sentencing, i.e. educational measures) and convicted (imposed sanction – juvenile prison or educational measure) juvenile offenders. The data collected in the surveys provide information about the perpetrator, the criminal act, the procedural stages through data about the end of the procedure, the type of a decision, family circumstances and about the duration of the procedure, imposed sanctions, about the injured (victims) and the duration of the procedure.

Classification of Criminal Offenses.

The statistical survey includes all reported juvenile perpetrators of criminal offenses against whom the criminal complaint and preparatory proceedings have been completed, as well as the collection of data on the accused (submitted proposal to the Juvenile Council for sentencing, i.e. educational measures) and convicted (pronounced sanction - juvenile prison or educational measure) to juvenile offenders. The survey covers criminal legislation, which includes all criminal-legal provisions contained in the laws. Likewise, the procedure of all competent higher public prosecutor's offices is included. Criminal proceedings against minors are initiated for all criminal offenses only at the request of the public prosecutor for minors. Likewise, the proceedings of all competent higher courts are covered.

A criminal offense is an offense set forth by the Law as a criminal offense, which is unlawful and committed with guilty mind/ men's rea. There is no criminal offense without an unlawful act or culpability, notwithstanding the existence of all essential elements of a criminal offence stipulated by Law” (Article 14 of the Criminal Code of the Republic of Serbia). The preparatory procedure is initiated on the request of the public prosecutor for juveniles and its goal is to determine the facts relating to the criminal offense, years and maturity of the minor, the living circumstances and other circumstances concerning minor’s personality and behaviour. This procedure is conducted in court. In order to determine all circumstances, a juvenile, a juvenile's parents, the adoptive parent or a guardian will be heard, and the opinion of the guardianship authority must be obtained. After examining all the circumstances related to the criminal offense and the personality of the juvenile, the judge delivers the files to the competent public prosecutor. The public prosecutor for juveniles may request (within 8 days) the supplemented preparatory procedure or submit to the juvenile judge a motion for criminal sanction imposition. The public prosecutor for juveniles may, during the preparatory proceedings or upon its termination, submit a motion for suspension of the proceedings. Suspension is possible only in cases of criminal offenses for which a sentence of imprisonment of up to five years or a fine is envisaged.  

As a "reported juvenile person" taken to be a juvenile against whom criminal proceedings on the grounds of a crime report have not been initiated (crime report rejected), against whom preparatory proceedings are suspended or the charge motion has been submitted to a juvenile court for pronouncing sentence or measure. If several persons participated in committing an offense, each participant is considered a unit of observation, and the act is recorded as a feature/ characteristics of each participant-co-perpetrator, and the answer to a particular question in the form determines whether it is a complicity or not. If the juvenile person has committed several criminal offenses, the most serious offence is monitored as a feature/ characteristics of the perpetrator, while other offenses are presented as aggregates.

The term "type of decision" means the decision of the public prosecutor. Data on the personal characteristics of the juvenile perpetrator of a    criminal offense relate to personal characteristics of a minor at the moment of criminal offense committal. Data on criminal offense: the name   of the offense, member, position, point and connection with other criminal acts of the applied criminal law are collected on the basis of the      decision of the public prosecutor's office and are thoroughly processed. The titles of Senior public prosecutor's offices are given in accordance   with the Law on Seats andTerritories of Courts and Public Prosecutor's Offices.

The Juvenile Council consists of one juvenile judge and two lay judges. When he receives the proposal of the public prosecutor for minors to impose a criminal sanction, the judge for minors schedules a session of the panel or the main hearing. Juvenile prison sentences and institutional measures can only be imposed after the main trial has been held. The session of the panel and the main hearing are attended by the minor, his parents, the adoptive parent or guardian, the public prosecutor for minors, the defense attorney, and the representative of the guardianship authority. At the end of the procedure, the juvenile court suspends the procedure or imposes a criminal sanction. The panel makes a decision when it imposes an educational measure on a minor, and a verdict when a juvenile prison sentence is imposed on a minor.

The term "accused minor" means a minor against whom a proposal was submitted to the Juvenile Council for the imposition of punishment, i.e. educational measures, and the proceedings before the council were concluded with a decision by which: the proceedings the council were suspended, a security measure was imposed without imposing a sanction, or juvenile prison or educational measure.

A "convicted minor" is considered to be a minor perpetrator of a criminal offense against whom a sanction has been imposed - juvenile prison or an educational measure. If several persons participated in the execution of one criminal act, each participant is considered a unit of observation, and the action is recorded as a feature of each perpetrator - accomplice, and the answer to a special question in the form determines whether it is complicity or not. If a minor has committed several criminal acts in a row, only the most serious criminal act is tracked as a characteristic of the perpetrator, while the other acts are summarized.

• warning measures and guidance,

The unit of observation is a juvenile perpetrator of a criminal offense (juvenile), either as a perpetrator, as a co-perpetrator, as an instigator, or as an assistant.

The data are published at the level of the Republic of Serbia (total), at the level of regions, Serbia - North (which includes Beogradski region and Region Vojvodine) and Serbia - South (which covers Region Sumadije i Zapadne Srbije and Region Juzne i Istocne Srbije).

Some data are published at the level of the the competent higher public prosecutor's office and the competent higher court.

Starting from 1999 the Statistical Office of the Republic of Serbia has not at disposal and may not provide available certain data relative to AP Kosovo and Metohija and therefore these data are not included in the coverage for the Republic of Serbia (total).

Data are available on SORS website since 2004, while data for previous years can be found in the Library of the Statistical Office of the Republic of Serbia.

Not applicable.

The number of minors.

The calendar year.

The survey is conducted on the basis of the Law on Official Statistics "Official Gazette of RS", no. 104/09, 24/11 and the Regulation on determining individual statistical surveys for each year, as well as according to the Program of Official Statistics of the Republic of Serbia, which refers to a five-year period of conducting the surveys.

Within the European Union statistics / Eurostat, defined is the subject "Crime and Criminal Justice", as well as the related data collection for the common questionnaire of Eurostat and UNODC.

Confidential data is treated in accordance with the prescribed confidentiality principles. See Law on Official Statistics.

• The first results of the survey are published in the Statistical release, and the deadline is in mid-July.
• Data in the Bulletin are published at the end of December.

The publication calendar is available on the official website of the SORS.

On the official website of SORS, users can download statistical data on minors or can follow the link: Judiciary

The dynamics of dissemination is annual. The first results of the survey are published in a short form- Statistical release and the deadline for their publication is in mid-July, while more detailed information is shown in the Bulletin, published at the end of December.  

Not applicable.

Macropods are not available.

Not applicable.

Quality management system

Data on the reported minors against whom criminal proceedings on the grounds of crime reports have been completed are based on reliable data from appropriate administrative sources the competent higher public prosecutor's office.

Data on accused (submitted proposal to the Juvenile Council for sentencing, i.e. educational measures) and convicted (pronounced sanction – juvenile prison or educational measure) juvenile offenders are based on reliable data from appropriate administrative sources the competent higher court.

The degree of accuracy is high. Before publishing the results, a logical data quality control is performed.

In addition to the data published in regular publications of SORS, special processing is done at user’s request.

User satisfaction is measured on the basis of downloaded data from the official website of SORS as well as through Users’ satisfaction. The results of this survey are available on the website of the SORS.

The statistical survey includes all reported juvenile perpetrators of criminal offenses against whom the criminal complaint and preliminary proceedings have been completed, as well as all accused and convicted minor perpetrators of criminal offenses against whom the criminal proceedings before the panel have been finalised. The survey covers criminal legislation, which includes all criminal-legal provisions contained in the laws. Likewise, the proceedings of all competent Senior Public Prosecutor's Offices as well as the proceedings of all competent Higher Courts are included Criminal proceedings against minors are initiated for all criminal offenses only at the request of the public prosecutor for minors.

The survey is conducted on the basis of data from administrative sources, which ensures a high level of data coverage and quality.

Not applicable.

Not applicable.

National level: 6 months for the process of creating, processing and publishing data.

For Eurostat: 1 month for delivery of all requested data (via UNCTS questionnaire).

The data on the minors’ criminality under the name "Reported juvenile person" are obtained on the basis of a statistical survey conducted through the SK-3 form and are published at the level of the Republic of Serbia, and at the level of regions. Some data are displayed at the level of the Senior Public Prosecutor's Office.

The data on the minors’ criminality under the title "Accusations and Convictions" were obtained on the basis of a statistical survey conducted using the SK-4 form and are published at the level of the Republic of Serbia and at the level of the region. Certain data are displayed at the level of the Higher court.

There is no time limit in the comparability of statistical data.

Not available.

Not available.

• SORS costs relate to work on methodology, printing, and distribution of questionnaires/ forms, data processing, and dissemination.
• Costs of reporting units: filling and distribution of forms.

Basic principles and standards for conducting revisions of published statistical data are defined in the document "General Policy Audit" SORS.

Revisions in this survey are made in line with amendments to the Criminal Code and the users’ needs. Previously published data cannot be changed.

The survey is based on administrative data.

Form SK-4 Questionnaire for a minor, against whom the criminal proceedings have been terminated contains the data on:

·  minor: gender, date of birth, municipality of residence, working status, national affiliation, citizenship, educational attainment, complicity, detention, and measures during the preparatory proceedings;

·  criminal offense: the legal title of the criminal offense, the law applied, whether the property was damaged, attempt, the year of the offense committal, the municipality of the offense committal, the acquisition, the number of offenses in the acquisition;

·  procedure: who submitted the report and how, the type of decision and the reasons;

·  the sanctions imposed;

·  family situation;

·  damages (victims);

·  duration of the procedure: date of report submission, the date of preparatory proceeding initiation and the date of the decision 

SORS also performs control of the coverage and data accuracy, coding, data log entries, logical and computer data control.

Not applicable.

Not applicable.

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