THE ROLE OF SOCIAL SERVICES IN CRIMINAL PROCEEDING TOWARDS JUVENILE IN CROATIA

Abstract

One of the elements that differentiates criminal proceedings towards juvenile from regular criminal proceedings is the role of social welfare services. Juvenile delinquency is a broad social phenomenon that requires a comprehensive response from the state and society which includes actions of not only the judiciary but also other state systems, including social welfare. In all European countries, social services have a specific role that varies depending on the system of response to juvenile delinquency in a particular country. According to previous research, in some European countries the social services are an integral part of the juvenile court, while in other countries they operate as a separate and independent organization; in some European countries social services are involved in criminal proceedings towards juvenile from the beginning of criminal proceeding while in other countries they are included much later, after the main hearing. In Croatia social services are separated from the juvenile court and are involved in the criminal proceeding towards juvenile from the beginning. In criminal proceedings towards juvenile in Croatia, juvenile court must collect comprehensive data about juvenile and his or her personal and family circumstances in order to decide about the appropriate juvenile sanction in every case. While collecting information about the juvenile, social welfare workers have to closely cooperate with the juvenile court and their reports often play an important role when deciding about appropriate reaction to committed criminal offence. According to the Youths Courts Act, social welfare bodies participate in proceedings towards juvenile from the first moment that there is a suspicion that the juvenile has committed a criminal offense and even during the phase of execution of juvenile sanctions. The paper will analyse the role of social welfare bodies throughout all phases of criminal proceedings towards juvenile in Croatia in order to determine whether the current legislative framework complies with established standards from different European countries regarding the role of social services in criminal proceedings and whether there is a need to modernize the existing role of social services in Croatian juvenile justice system.