As part of the public hearing on the Draft of the new Law on juvenile offenders and protection of juveniles in criminal proceedings, which was held as of September 10 until October 1, 2025, the AWC submitted its comments and proposals to the Ministry of Justice, the most important of which are those concerning opposition to the provisions of the proposed new Law, which reduce the level of protection achieved by minor victims.

The first reduction of the rights of minor victims in the proposed Draft Law refers to the list of criminal offenses to which this Law applies. The second reduction of rights refers to the abolition of the obligation to appoint ex officio attorneys for child victims, even for such a reduced number of flatly determined criminal acts, but this is left to the discretion of Prosecutors and Courts.

The proposed Draft Law is not aligned with the provisions of Directive 2012/29/EU on the establishment of minimum standards for the rights, support and protection of victims of criminal offenses and Directive 2024/1385/EU on the fight against violence against women and domestic violence, as well as with the provisions of the Council of Europe Conventions on the prevention of violence against women and domestic violence (Istanbul Convention) and on the protection of children from sexual exploitation and sexual abuse (Lanzarote Convention). The major objection is the fact that the provisions of the Draft Law, even after 14 years, are not harmonized with the Criminal Procedure Code.

AWC also believes that the Draft Law should have provided for a solution to the situation when there is a conflict of interests/rights between a minor and a legal representative or relative, in which situations the procedural authority would have to appoint a defense attorney or attorney for the minor ex officio.

It was also pointed out that the Draft Law failed to regulate the temporary accommodation of minors in a psychiatric institution during the procedure, in accordance with Art. 37 of the Convention on the Rights of the Child.

You can read the comments and proposals of the AWC on the Draft of the new Law on juvenile offenders and the protection of juveniles in criminal proceedings HERE.