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INSTITUTIONAL FRAMEWORK FOR JUVENILE DELINQUENTS Kogiannaki Eva Jurist- Juvenile Probation Officer Head of the Juvenile Probation Office Of Athens
LEGISLATIVE INTERVENTIONS § Law no. 3189/2003 § Law no. 3860/2010 § Law no. 4322/2015 § Law no. 4356/2015
MAIN REGULATIONS § Limit of juvenile delinquency (8 -18 years of age instead of 7 § § § § -17). Extension of the list of reforming and therapeutic measures. Drastic limitation of the possibility of criminal imprisonment. Possibility of diversion of the criminal proceedings with the intervention of the Prosecutor. Greater opportunity of appealing. Compulsory appointment of a lawyer. Non – inclusion of the reformatory measures in the criminal record of minors. The imposition of the institutional reform measure of admission to an Educational Institution is limited to the cases of acts which, if they were committed by an adult, would be a felony.
CRIMINAL PENITENTIARY § 1)The juvenile must have attained the age of 15 (irrefutable presumption for the commencement of criminal liability) § 2) Offense that is punishable by life imprisonment, meaning homicide or rape, provided that the victim is under 15 years of age. § 3) Court judgment with specific and in-depth reasoning.
REFORMATORY MEASURES § Reprimand § Placing the minor under the responsible supervision of parents or § § § § guardians Placing the minor under the responsible supervision of a foster family Placing the minor under the responsible supervision of: (i) a “society for the protection of minors”, (ii) an institution for the education of minors, or (iii) a probation officer, the “supervisor of minors” Mediation between the minor and his or her victim(s) Payment of compensation to the victims Community service by the minor Participation of the minor in social or psychological programmes Traffic education Placing the minor in a public, municipal or private educational institution
THERAPEUTIC MEASURES § Participation in advisory therapeutic programme. § Referral of the juvenile to a therapeutic or another appropriate institution.
Monitoring of alternative measures The monitoring of the alternatives to detention, is carried out by: - The Juvenile Probation Office, in collaboration with Community entities - The Juvenile Prosecutor - The Juvenile Court
DIVERSION OF CRIMINAL PROCEEDINGS § Minor offense. § Social research by local Juvenile Probation Offices. § Juvenile Prosecutor’s order to impose a reformatory measure and abstain from prosecution. § Compliance deadline.
CONSEQUENCES OF THE APPLICATION OF THE LAW No. 4322/15 Since the application of the law no. 4322/ 2015, there has been observed a maintenance of juvenile delinquency around the same levels of previous years. The increase in offenses related to the use of drugs is remarkable. Main substance of use: "cannabis".
CONSEQUENCES OF THE APPLICATION OF THE LAW No. 4322/15 Released from penitentiary institutions: � 14 (under trial) + 10 (convicted) � 15 in detention pending trial Convicted: � 5 with a court judgment
CONSEQUENCES OF THE APPLICATION OF THE LAW No. 4322/15 Educational Institution § Removed: 63 minors § Were placed: 29 minors (Before the application of the law no. 4322/15: 118 minors)
PENITENTIARY INSTITUTIONS Ø For minors 15 -18 years old. Specialized Penitentiary Institution of Korinthos: 8 Ø For young adults 18 -21 years old. § Specialized Penitentiary Institution of Avlona: 135 § Specialized Penitentiary Institution of Volos: 45 § Specialized Penitentiary Institution of Kassavetias: 15
Interventions of the Prosecutor for alternative measures to detention The Prosecutor can suggest alternative measures to detention on a proposal: § to the Investigating Judge § to the Judicial Council § to the Court § in case of conditional release
Juvenile Delinquents’ profile § Most of them are young males. § They come from lower or middle class. § The majority allegedly completed low performing basic education. § There is also a high percentage of those who have dropped out of education. § A great number of them are involved with drugs. (main drug being cannabis). § The percentage of those with mental health problems is also remarkable. § Regarding nationality, the participation of Greek and foreign delinquents is equivalent.
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