LAPSED CHILDREN - Tartu Ülikool

ALAEALISTE ÕIGUSRIKKUMISED JUVENILE OFFENCES
The majority of minors
suspected of criminal
offences is at the age
of 16–17
The overwhelming majority of minors suspected of a criminal offence consists of boys at the
age of 16–17 (84% of all suspects in 2006). Most of juvenile criminal offences have been
committed in a group (more than 60% in 2006); and they mostly consist of larceny, including
theft from vehicles.
Where possible, maximum criminal proceedings are avoided with regard to minor suspects
and the matter is forwarded to the juvenile committee or settled by conciliation proceedings.
In 2006 the Prosecutor’s Office adopted final procedural decision a with regard to 2,332
minor suspects, of which the total of 1,040 persons (45%) were referred to the court; as for
the others the criminal proceedings were terminated due to lack of proportionality of
punishment. b The total of 36% of minor suspects were sent to the juvenile committee, 22%
were subject to conciliation proceedings and 15% were subject to termination of
proceedings in event of lack of public interest in proceedings.
In 2006 the most frequent cause for sending young people to the juvenile committee was
unlawful act comprising the necessary elements of a misdemeanour committed by a person
of less than 14 years of age (34%), followed by failure to perform the obligation to attend
school (22%) and criminal offence committed at the age of 14–18 (20%) (Eesti…2008).
In 2006 566 persons who had committed 699 criminal offences were sent to juvenile
committee — therefore some of the criminal offences were committed in a group.
The young people sent to juvenile committee because of misdemeanours and criminal
offences have most often committed larceny, whereas approximately half of the cases have
caused damage in the amount of less than one hundred kroons (e.g. stealing candy or toys
from shops) (Tiko and Rannala 2006). On average, three fourths of the minors sent to
juvenile committee during 2000–2006 were boys (73% in 2006) (Figure 1 on page 56).
The most common sanctions imposed by juvenile committees included admonition (48% in
2006), community service (18%) and interview with a specialist (17%). Compared to the
early 2000s the proportion of admonition and community service has increased and the
proportion of sanctions concerning organisation of study has decreased.
According to court judgements entered into force, about 700 minors were convicted in 2005,
whereas 53% of them were subject to probation and subjection of convicted offender to
supervision of conduct (Penal Code § 74; mostly first offenders); 19% were punished by
actual imprisonment, 18% were released from punishment and subjected to sanctions
applicable to minors (§ 87), 4% were subject to pecuniary punishment. Probation (§ 73) and
substitution of imprisonment by community service (§ 69) were applied on 3% of minors in
both cases. In half of the cases the term of actual imprisonment was less than one year. The
proportion of boys among convicted offenders was 93% (Alaealiste …2006).
In 2006 the total number of minors in prison was 41; most of them were boys at the age of
17. 93% of minor prisoners served prison sentence for criminal offence against property and
7% for criminal offence against the person. The number of minor prisoners peaked in 2001
(68), but has decreased during recent years due to more extensive application of other
sanctions. The average proportion of minor prisoners who have been previously sentenced
for criminal offences accounted for 15%, whereas recidivism was higher among those who
have committed offences against property (Figure 2 on page 57).
After establishment of probation supervision (1998), the number and proportion of minor
probationers was the highest in 2000, but has decreased ever since due to extended use of
alternative sanctions with regard to minors, instead of criminal punishment (Table 6 on page
57).
At the end of 2006 375 minors were registered as probationers, 318 (85%) of them were
boys; 54 young persons had been previously punished pursuant to criminal procedure. 306
persons committed offences against property, 71 persons committed offences against public
security and 51 persons committed offences against the person (some them had committed
various types of criminal offences).
a Sent a person to court or terminated criminal proceedings with regard to such person.
b Pursuant to Code of Criminal Procedure § 201 (referral of materials to juvenile committee), § 202 (termination of
criminal proceedings in event of lack of public interest in proceedings and in case of negligible guilt) and § 203
(termination of criminal proceedings due to lack of proportionality of punishment).
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