THE AGE RULES OF CRIMINAL DISCRETION IN HUNGARIAN AND INTERNATIONAL CRIMINAL PROCEDURE: ARGUMENTS AND COUNTERARGUMENTS IN FAVOR OF EVER-DECREASING AGE LIMITS

Abstract

Purpose: Over time, juveniles have always occupied a place of particular importance in the criminal justice system and other areas of life. It is no coincidence since this is the age group that will later become full citizens and influence the development of a country with their lifestyle and the teaching of their children. In our research, we covered the situation of this age group in criminal law and criminal proceedings, mainly the issue of the age of criminality and the ability to judge, just as the goal was also to obtain an answer to the complex aspects of dealing with the complex social problem inherent in juvenile delinquency through the derivation of the development of discretion, its domestic and international regulation, and the examination of the age of criminality.
Methods: During the processing of the topic of the study, we primarily approached the subject from a criminological point of view. In the process, we processed the domestic and international literature. We reviewed its legal regulations, their reasons, and their background. We used and analyzed national and international statistical data to prove our hypothesis. In addition to the presentation and processing of Hungarian legislation, we also looked at international law. After that, we emphasized the Serbian legal regulation and the circumstances that led to and justified the development of the current regulatory environment. As an applied method, in addition to the formal logical one, we followed the analytical, comparative systematic, and legal analytical procedures.
Findings: During the research, we concluded that the criminal law and criminal procedure law regulations for juveniles in Hungary are modern and developed. However, it must be improved based on many international and national examples to be used efficiently. Essential steps must be taken to stop or slow the increase in juvenile offenders. For this, however, it is not enough to reform the age regulation of criminal prosecution, significantly lowering the age limits. A comprehensive judicial reform would be necessary, where all the pedagogical and educational tools - currently scattered - found with civil and state actors, with which the goals of unique prevention related to juveniles can be enforced more effectively, should be institutionalized. Together with them, we can uncover the typical causes of the crimes and scientifically analyze the processes leading to them. Competent and dedicated professionals should follow the lifestyle and integration of the juvenile over a more extended period, providing them with appropriate help and support in challenging life situations.
Value: This paper will contribute to elaborating this problem from the criminal law and criminological aspects and improve the practice of courts, prosecutors, lawyers, and the police in this area. It will also help improve decision-makers work with a more scientific approach to the problem and reveal the dark sides of populist penal policy.
Keywords: discretion in criminal law, criminal procedure for juveniles, criminal capacity, juvenile offender, crime prevention