Special measures in lieu of Criminal Proceedings and Rehabilitation of Juveniles in Justice System

Abstract

There are two main objectives of this academic article, namely 1) to study the form and implementation of special measures in lieu of criminal proceedings prior to the litigation and during the trial pursuant to Articles 86 and 90 of the Juvenile and Family Court Procedure Act 2010 and 2) to study an approach to rehabilitate child and juvenile offenders as well as treatment to children and juveniles in the criminal justice system according to the international standards. The methodology includes study on relevant documents and research works. The findings show that special measures instead of criminal proceedings prior to the litigation and during the trial are implemented in a form of family and community meeting with the aims to turn child and juvenile cases away from the criminal justice system and to give child and juvenile offenders opportunities to receive protection and psycho-social development instead of criminal proceedings. As a result, the offenders repent, receive remedies and compensate according to their rights and appropriateness. In addition, they can return to live in a community and society happily without repeating the offense, and the community and society is peaceful and safe. In terms of approach to rehabilitate child and juvenile offenders including treatment to children and juveniles in criminal justice system according to the international standards, it has been found that the rehabilitation is on the case-by-case basis which requires collaboration from multidisciplinary teams that are involved in making the rehabilitation plan according to child and juvenile offenders’ issues according to the management and justice system guidelines for children and juveniles. The rehabilitation focuses on participation of agencies, both inside and outside the justice system, and takes into account the maximum benefit of children and juveniles.