"It's simpler that way"
How is punishment for juveniles determined in Ukraine?
In this report, we have established what international standards should be followed by participants in criminal proceedings against juveniles in conflict with the law in terms of sentencing, what regulatory barriers to their provision exist and how relevant the case law is to them. The main recommendation for judges and prosecutors, which will allow implementing the principles of child-friendly justice, when sentencing under the current law, is to apply the algorithm for selecting measures of influence against juveniles:

  1. Exemption from criminal liability (and the application of the compulsory measures of the educational character (CMEC) or the Recovery program for minors);
  2. Release from punishment with the use of CMEC;
  3. Imposition of a punishment not related to imprisonment on the basis of a sanction of an article of the Criminal Code;
  4. Sentencing not related to imprisonment under Art. 69 of the Criminal Code;
  5. Release from serving a probation sentence;
  6. Impose imprisonment for a minimum term.
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