The Conception Of Juvenile Reconciliation As A Criminal-Law Mechanism Of Securing A Reconciliation Agreement: Current State And Ways Of Improvement

Abstract

The article deals with the conception of juvenile reconciliation as a criminal­law mechanism of securing a reconciliation agreement. The author analyzes the current state of its development and reveals its essence, the mechanism of its practical implementation as well as ways of improvement.

The juvenile reconciliation program is regarded as a voluntary procedure of reconciliation between an underage suspect and a victim with the participation of a mediator and a specially authorized representative of the child protection service, which is applied in cases and according to the pattern provided for by Code of Criminal Procedure. The institution of juvenile reconciliation is expected to be used in case of the following crimes committed by underage persons: 1) criminal misdemeanours; 2) crimes of low or medium gravity; 3) in criminal proceedings in the form of private accusation.

On the whole, the described approach with the use of the conception of juvenile reconciliation programs looks quite interesting and viable. By its nature, the suggested conception is similar to the institution of exemption from criminal liability and is, in a way, its modified procedural form without a criminal-law basis. However, the implementation of this mechanism via the institution of closure of criminal proceedings looks rather artificial and may cause certain unacceptance at the lawmaking and law­enforcement levels. But this approach has its advantages and its implementation will enable the accomplishment of many objectives.

The author has come to the conclusion that a «juvenile reconciliation program» is regarded not only as a process but rather as an end document that can be the object of protection by criminal law as it is a sort of manifestation or even a type of reconciliation agreement.