PROBLEMS OF MINORS’ CRIMINAL PROCEEDINGS IN GERMANY AND RUSSIA

Irina Belozerova¹*, Stanislav Saneev^2
1Prof, PhD, RUDN University, RUSSIA, belozerova-ii@rudn.ru
²Mr, PhD candidate, Industrial district court of Stavropol, RUSSIA, sanstas@mail.ru
*Corresponding Author

Abstract

The article is devoted to the main features of juvenile justice in Germany and Russia. The authors emphasize significant differences in the criminal proceedings of these countries. First, in Germany special courts for minors have been established and are successfully operating for a long time; in Russia, unfortunately, there are no such courts in place yet. Second, Germany has taken the path of re-education of juvenile offenders, while Russia has not yet fully implemented such measures. In Germany, for example, proceedings against minors are regulated by a special act, called Juvenile Justice Act (“Jugendgerichtsgesetz”). The first part of this act formulates two fundamental provisions of the law ‒ the age category subject to special criminal proceedings and the purpose of such proceedings. The purpose of this act is to prevent the reoffending of persons between 14 and 21 years old. At the same time, educational measures constitute the main foundation of the Juvenile Justice. Besides, the present article raises a very important issue of the psychological state of minor offenders. The authors are in favour of replacing criminal prosecution against minors with educational measures in some cases both in Germany and Russia. Such measures as the work of social services in Germany, as well as their interaction with the family of the offender are considered by the authors as a positive trend. Analyzing the juvenile justice in Germany, we can conclude that the doctrine assessed the German legal system in a positive way. Therefore, it seems possible to develop this institution in Russia.

Keywords: Criminal proceeding, juvenile justice, minors, offenders.