Positively should be assessed the entry into force of the Juvenile Justice Code in 2015.
The Code establishes the features of administrative and criminal responsibility of juveniles, peculiarity of administrative and criminal proceedings involving the juveniles,
special rules for serving the sentence and other measures. The objective of the Code
is the protection of the best interests of juveniles, resocialization-rehabilitation of the
juveniles who are in conflict with the law, prevention of the new crime and protection
of order.
Article 21 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) sets the rules for placement of the juvenile offenders in
a detention facility, while Recommendation of the Committee of Ministers198 to member
states on the European Rules for juvenile offenders subject to sanctions or measures
holds that the placement of juveniles in institutions shall be guided in particular by the
provision of the type of care best suited to their particular needs and the protection
of their physical and mental integrity and well-being. According to the United Nations
Standard Minimum Rules for the Treatment of Prisoners minors must be kept separately
from adults. 199
Despite the fact that the juvenile inmates are placed in the separate building in the
establishments N2 and N8, they still have means of communication with the adult inmates, for instance, when the former are taken to a lawyer or a legal representative.
The same also applies during the visit to the dentist cabinet, which is common for the
juveniles and adults. In addition, adult convicts employed in the prison maintenance
service are distributing the food in each cell, despite the fact that they are carrying out
this activity under the supervision of the prison personnel.
According to Article 94 of the Juvenile Justice Code, immediately upon the admission
of an accused or convicted minor to a detention/prison facility, the administration of
the facility shall allow him/her to read written information about his/her rights and obligations, including the procedure for filing complaints and appeals determined by the
law. An accused or convicted juvenile shall be provided with the information in a form
understandable to him/her.
In the penitentiary establishment the juvenile is informed of his/her rights by the social
worker. A written form is developed, which describes the rights and responsibilities of
the accused and the juvenile confirms with the signature that he/she has read the form.
In this regards, in his 2014 Parliamentary Report the Public Defender has addressed
the Minister of Corrections. According to the received response, with the financial as198 Recommendation (2008) 11 of the Committee of Ministers to the Member States of the European
Rule for Juvenile Offenders Subject to Sanctions or Measures, Article 54. Available in English at:
https://wcd.coe.int/ViewDoc.jsp?id=1367113&Site=CM [Last Visited on 15.03.2016].
199 The UN Standard Minimum Rules for the Treatment of Prisoners, Article 8, Paragraph D.
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
129
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