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Juvenile Delinquency in Latvia Dr. Andrejs Judins, senior researcher of the Centre for Public Policy Providus 22.10. 2010.
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Criminal Law: Juveniles Age of criminal liability – 14 Neither particular Juvenile Justice Law, nor Juvenile courts exist in Latvia Criminal Law (1998); Criminal Procedure Law (2005), provided favourable features (peculiarities) for juveniles Law on the Application of Compulsory Educational Measures to Children (2002) A.Judins, SPC Providus ©
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The official information on juvenile delinquency in Latvia is quite limited and evidently it reflects only part of processes related to the antisocial behaviour of children. It has objective reasons related to the following: the latent character of crime, including juvenile delinquency (a); the failure of victims to report offences that have been committed that is related to distrust in public institutions and their abilities to resolve a criminal offence and to promote the restoration of justice (b); the objective impossibility of resolving several offences and of identifying offenders (c); failure to report offences of juveniles that is related to the awareness that on the whole instruments of criminal justice do not correspond to needs of children and it would be better to protect the child against the reaction of the state to the offence that to turn the child over to criminal justice (d); failure to report offences committed by children, considering them to be insignificant (e). A.Judins, SPC Providus ©
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Formal approach: Juvenile delinquency as a component of crime is a category of criminology used to the body of criminal offences committed by children at the age of 14 to 17, its trends at a specific time and in a specific territory. What about children under 14
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In 2008 - 57 475 criminal offences were registered in Latvia, while the number of criminal offences committed by juveniles amounted to 1 397. In 2009 - 56 748 criminal offences were registered; 1 038 criminal offences were committed by juveniles. In 2008 19 216 persons were identified as offenders, i.e. 1 812 juveniles (9,4 %) In 2009: 18 649 persons were identified as offenders, i.e. 1 383 juveniles (7,4 %) A.Judins, SPC Providus ©
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Number of juveniles and young persons (under the age of 20) in Latvia during 1990 - 2009
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Number of juveniles (14-17 y.o.) in Latvia during 2005 - 2010 year 200520062007200820092010 age 020 24921 52222 34323 64023 34921 865 1434 35431 91930 15525 30122 88220 809 1535 15134 29331 82830 00625 36722 804 1636 83535 10534 23531 75330 07425 274 1737 82936 77435 03434 13331 73429 957
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Number of juveniles who have committed criminal offences in 2005-2009 year 20052006200720082009 number of juveniles 2 5342 1232 1911 8121 383
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Structure of crimes committed by juveniles in 2005 -2009 A.Judins, SPC Providus © 20052006200720082009 Murders114232 Serious bodily injuries115712 Rape555 2 Robberies15496728754 Thefts1532707555684564 including thefts from apartments25913411210581 including thefts from trade outlets2766668133183 including thefts from automobiles11435114119 including automobile thefts119896910363 Hooliganism2111351028347
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Convicted juveniles who committed criminal offences in a group in 2005-2009 year 20052006200720082009 number of convicted juveniles 1 3901 3601 2261120931
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Convicted juveniles in 2009 total number of juveniles girls Deprivation of liberty Released from punishment Compulsory Educational Measures released from criminal liability less than 1 year 1> - 3 years 3.-5 years 5 > -10 years > 10 Conditional sentence Fine Unpaid work 93191251914116449022241362
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Juveniles in Prison A.Judins, SPC Providus © Source: Latvian prison administration
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Legislative reform: Promising practice Strengthen the System of Educational Compulsory measures (2010); Criminal Law amendments (2009) (regarding to the deprivation of liberty), Criminal Procedure law (2005)
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Article 65 of the Criminal Law Application of Punishment for Minors (1) The following forms of basic punishment shall apply for minors: 1) deprivation of liberty; 2) custodial arrest; 3) community service; or 4) fine, as well as the additional punishments provided for in this Law. (2) For a person who has committed a criminal offence before reaching 18 years of age, the period of deprivation of liberty may not exceed: 10 years - for especially serious crimes; 5 years - for serious crimes, which are associated with violence or the threat of violence, or have given rise to serious consequences; 2 years – for other serious crimes. For criminal violations and for less serious and serious crimes the penalty of deprivation of liberty shall not be applied for such person.
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Deprivation of liberty as a punishment for juvenile offenders Maximum term of the deprivation of liberty Type of offenceADULTSJUVENILES Criminal violation 2 Not applicable Less serious crime (through negligence) 10 Not applicable Less serious crime (deliberately) 5 Not applicable Serious crime (through negligence) 202 Serious crime (deliberately) 102 or 5 (if crime was associated with violence or the threat of violence, or had given rise to serious consequences) Especially serious crime 20 or Life sentence 10
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Compulsory Educational Measures a warning; the obligation to apologize to victims if the latter agree to meet the perpetrator; to transfer the child to the warranty of parents or guardians or other persons, institutions or organisations; to impose the obligation to eliminate consequences of the damage incurred by his her work; as concerns a child who has reached the age of 15 and who has his/her income – to impose the obligation to compensate for the incurred damage; to impose the obligation to perform community service; to place the child in an educational institution of social correction Children from 11 to 13 years of age Children from 14 to 17 years of age
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Promising practice Unpaid work (Community Service): as a Criminal Punishment and as a Compulsory Educational Measure
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Conciliation as an instrument for Justice Restoration (VOM, Conferencing (2009) Promising practice Programs of social behaviour and rehabilitation State Probation Service (2004)
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Thank you! andrejs@providus.lv
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