PART TEN

CHAPTER FORTY TWO
SPECIAL RULES OF EXECUTING CRIMINAL PROCEEDINGS IN CASES OF MINORS


Article 364. Special Rules Of executing Criminal Proceedings In Crimes Committed By Minors

364.1. In addition to the general rules provided by this Law, the special rules described by this Chapter shall be guiding in executing criminal proceedings in crimes committed by minors.

364.2. The rules described by this Chapter shall be applicable to cases of persons who had not reached the full age at the moment of committing a crime.


Article 365. Additional Circumstances to be Established in Crimes Committed by Minors

365.1. In executing inquiry, preliminary investigation or judicial examination in cases of minors, in
addition to circumstances provided by Article 80 of this Law following circumstances shall be verified:

365.1.1. age of the minor (day, month, and year of birth);

365.1.2. conditions of life and upbringing;

365.1.3. the causes and conditions facilitating commission of the crime by the minor;

365.1.4. the existence of adult instigators and other accomplices.

365.1.5. if there exist doubt concerning mental retardation of the minor not connected with mental illness, and his/her ability to completely realize the significance of his/her actions, an expert shall be appointed and a conclusion issued.

365.2. In order to establish these circumstances, the parents, guardians, supporters, educators of the minor, and other persons who may have knowledge on circumstances significant to the case shall be interrogated and necessary documents shall claimed or other inquiry, investigative and judicial actions shall be executed.


Article 366. Arrest and Confinement Under Guard of a Minor

366.1. A minor may be arrested or confined under guard only if the crime committed is grave or
exceptionally grave crime or if there exist exceptional occasion provided in Articles 58, 62 and 68 of this Law.

366.2. Information on arrest or confinement of a minor shall be delivered to his/her parents, other legal representatives or defense counsel within 12 hours.

366.3. Minors arrested or confined under guard shall be kept separate from adults or convicted minors.

366.4. The principal term of investigation of a minor with confinement shall be 1 month and total term of investigation with confinement shall not exceed 18 months.


Article 367. Handing Over a Minor Under Supervision

367.1. Besides the measures of restraint provided by Article 62 of this Law, minors may be handed over under the supervision of parents or other legal representatives.

367.2. In handing over a minor under supervision of parents or other legal representatives, the
described persons shall undertake on themselves a written obligation to ensure the appearance of the minor before an inquiry officer, investigator and court whenever summoned, as well as his/her proper behavior.

367.3. Parents, guardians or curators who are accepting the minor under supervision shall be advised on the crime of which the minor is suspected or being accused and of their responsibilities in the event of violation of the obligation undertaken by them.

367.4. In the event that the persons who are accepting the minor under supervision violate the
obligation undertaken by them, the measures provided by Article 77 of this Law shall be applied to them.


Article 368. Procedure for Summoning Minor Suspect, Accused or Defendant

368.1. An inquiry officer, investigator, procurator and court shall summon a minor through his/her
parents or other legal representatives and other procedure shall be permitted only depending on the circumstances of the case.

368.2. A minor who is confined under guard shall be summoned through the administration of the place of confinement.


Article 369. Separation of a Case Concerning Minors

369.1. If a minor has participated in the commission of a crime together with adults, the case shall be separated, when possible, at the stage of inquiry or preliminary investigation.

369.2. If separation of a minor's case is to create substantial obstacles to the thorough, complete, and objective discovery of the case, it may be left without separation.


Article 370. Procedure For Interrogating Minor Suspect or Accused

370.1. Interrogation of a minor suspect or accused shall not last longer than 2 hours at a time or in total 4 hours for a day and there shall be a break if the interrogation is going to last longer than 2 hours.


Article 371. Participation of Pedagogue in Interrogation of Minor

371.1. A pedagogue must be present at interrogation of a minor suspect or accused and if the minor is deemed to be mentally retarded.

371.2. A pedagogue participating in the interrogation of minor suspect or accused shall have the right, with the permission of an inquiry officer or investigator, to put questions to the suspect or accused.

371.3. Upon completion of the interrogation, the pedagogue who has participated therein shall have the right to be presented with the record of the interrogation and to make written remarks
concerning the correctness and completeness of the entries in it.

371.4. Before commencement of the interrogation of a minor, the inquiry officer or investigator shall be obliged to inform the pedagogue of his rights and a note to such effect shall be made in the record.


Article 372. Participation of Legal Representative in Inquiry and Investigation

372.1. Legal representative of a minor suspect or accused shall be identified by a decree of inquiry
officer or investigator and his/her rights for participating in inquiry or investigation shall be explained.

372.2. Legal representative of a minor suspect or accused shall have following rights:

372.2.1. to know for which crime the minor suspect or accused is suspected; 372.2.2. to be present at the charge of accusation;

372.2.3. with the permission of investigator, to take part in interrogation and other actions with the presence of the suspect or accused and investigator;

372.2.4. to submit, in writing, the comments on actions that were attended;

372.2.5. to request for verification of significant aspects related to evidence.


Article 373. Acquainting Minor Suspect or Accused or His/her Parents or Other Legal Representative With Materials of Case

373.1. In presenting to a minor suspect or accused the materials of the case, his/her parents or other the legal representatives shall be allowed to take part.

373.2. In presenting to a minor suspect or accused the materials of the case, his/her parents or other the legal representatives may not be allowed to take part if an inquiry officer or investigator considers that this may be harmful to the interests of the minor.


Article 374. Participation of Parents or Legal Representatives of Minor Defendant in Judicial Session

374.1. Parents or other legal representatives of a minor defendant shall have the right to participate in judicial sessions, to take part in examining evidence, to present documents with evidential significance, to submit requests and to challenge participants in the judicial session and these rights shall be explained to them at the opening of the judicial session.

374.2. If it is necessary to interrogate the parents or other legal representatives of the defendant as witnesses, their testimony shall be heard after the defendant's interrogation.

374.3. Parents or other legal representatives of the defendant shall be present during the entire judicial session.

374.4. If there is an exceptional reason whereby participation of parents or other legal representatives in the judicial session may be harmful to the interests of minor defendant, the court shall have the right to not allow the parents or other legal representative to participate in the judicial session or to limit their participation to a particular part of the judicial session by issuing a reasoned decree.

374.5. If the court does not find participation of parents or other legal representatives of the defendant in the judicial session necessary, their nonappearance to the session shall not serve as a reason for delaying the hearing of the case.


Article 375. Removal from Courtroom of Minor Brought to Trial

375.1. When analyzing circumstances which might have a negative influence on the minor, upon hearing the opinion of the defense counsel, the legal representative and the conclusion of the procurator, the court shall have the right by its decree or order to remove the minor from the courtroom.


Article 376. Stay of execution of Decree Against Minor

376.1. Relief from conviction of a minor convict with respect to whom the execution of decree has been stayed shall be resolved out by a court at the convict's place of residence upon the joint petition of a commission for cases of minors and the Police.

376.2. Annulling the decree on the stay of execution of the sentence to imprisonment based on grounds provided by Criminal Law and directing the convicted person to serve the sentence physically shall be resolved by a court at the place of residence of the convict upon the joint proposal of a commission for cases of minors and the Police.


Article 377. Questions Resolved by Court When Issuing Decree Against Minor

377.1. When issuing decree against a minor the court is obliged to consider:

377.1.1. the possibility of staying the execution of decree against a minor in the instances provided for by Criminal Code;

377.1.2. the necessity of appointing a social educator for the minor in instances of conditional sentence, the application of measures of conviction not connected with deprivation of freedom, or a stay of execution of decree.