Sentencing a juvenile follows a special regime under the Juvenile Justice Code: the judge first takes into account the best interests of the child and the individual assessment report, and only then decides on the type and measure of the sentence. The law also empowers the judge to impose on a juvenile a lighter or a different, lighter sentence than that provided for by law. This page explains how these rules operate, what instruments accompany a non-custodial sentence, and what conditions are needed for the mitigation of punishment.
General Principles of Sentencing a Juvenile
When imposing a sentence on a juvenile, the judge takes into account, first of all, the best interests of the juvenile and the individual assessment report. This means that the reasoning of the verdict must start from the personality of the child and not merely from the qualification of the offence: the individual assessment report describes the juvenile's age, development, environment and needs, and it is on these data that the court relies in selecting the sentence. For the defence, this principle is a practical instrument — a well-prepared report and its proper presentation directly influence the form of the sentence.
When imposing a non-custodial sentence, the judge is authorised, together with the sentence, to impose on the juvenile one or several obligations provided for by the Code. In that case it is impermissible to impose an obligation that will probably not be fulfilled or whose fulfilment exceeds the mental and physical capabilities of the juvenile. This restriction protects the child from a breach of proportionality: an obligation must be genuinely capable of performance.