Publication details

Zákaz dětské práce a výchovné povinnosti v zákoně o soudnictví ve věcech mládeže

Title in English Prohibition of child labor and upbringing obligations in juvenile justice laws


Year of publication 2020
Type Article in Periodical
Magazine / Source Trestněprávní revue
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Keywords prohibition of child labor; juvenile justice laws; child labor; upbringing duties
Attached files
Description A child under the age of fifteen is not criminally liable as is generally known. If such child commits an otherwise criminal offense, the juvenile court will take the necessary measures for remedy. In the provision of Section 93 para. 7, the Juvenile Justice Act states that the provision of Section 18 shall apply mutatis mutandis, while taking the age of such child into consideration, to imposing upbringing duties on juveniles. The provision of Section § 18 is systematically placed in the part 4. of Juvenile Justice Act, called “Upbringing measures”. In the provision of Section 18 we can find one of the upbringing measures imposed on juveniles, namely the upbringing duties. According to the provision of Section 18 par. 1 lett. c), the juvenile court (and in the preparatory proceedings the public prosecutor) may order the young offender to carry out a socially beneficial activity of a certain kind free of charge in his / her free time. The aim of this paper is to, in particular, assess the question whether the described upbringing measure comply with the EU and international obligations of the Czech Republic and proposes an appropriate regulation de lege ferenda.

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