Vybrané problémy dokazování rozumové a mravní vyspělosti

Abstract

The post discusses some issues with proving intelectuall and mental maturity of juveniles. In the introduction author briefl y deals with reasons of the adoption of The Juvenile Justice Act and corresponding relative adoption of criminal responsibility of juveniles. Distinctive theoretical attitudes are not omitted with this conception of criminal responsibility. Also the adolescence process is analysed in the brief including factors directly infl uencing this process. Another chapter is dedicated to the examination of the mental state of the juveniles and determination of the degree of their mental maturity by expert‘s investigation. In this context some factual problems and drawbacks common to the criminal proceeding are pointed out. These issues are demonstrated in the examples from practice. The next part is about proving bio-psycho-social level of the juvenile. The standard procedure of the law enforcement authorities for proving intelectuall and mental maturity of juveniles is described, including possible drawbacks and the opinion of the courts regarding this topic. At the end author summarizes outputs of the individual chapters, including consideration of possible change de lege ferenda.