ISKLjUČENjE JAVNOSTI IZ KRIVIČNOG POSTUPKA PREMA MALOLETNICIMA – OPRAVDANOST I DILEME

Abstract

While in criminal proceedings against adults the main hearing is public, when a juvenile is on trial, the public is always excluded. In this paper, the justification of such a solution and the dilemmas arising from it are analyzed. Following introductory considerations, the author presents the international legal framework for the protection of juveniles’ privacy in criminal proceedings and explains the importance of the principle of publicity in criminal procedure. In the central part of the paper, the author analyzes the provision on the exclusion of the public in criminal proceedings against juvenile offenders, examining its impact on the juvenile’s right to privacy on the one hand and the public’s right to information on the other. In this context, the author also points out the role of the media in proceedings against juveniles, then analyzes the prohibition of publishing data about the course of the proceedings and the decision rendered therein, and finally provides concluding remarks on this topic.