Removing Children in Conflict with the Law from the Criminal Justice System

Abstract

Removal of children from the justice system is one of the alternative measures to prevent punishment associated with deprivation of liberty. The authors assess to what extent the regulation of the institution of removing children from the criminal justice system in the Criminal Procedure Code of the Kyrgyz Republic and other laws governing relations in the juvenile justice system complies with international standards in this area. Attention is drawn to the quality of implementation of this institution in the Kyrgyz Republic. The conditions and grounds for removing a child who has violated criminal law from the criminal justice system are considered, and the advantages of this institution are emphasized. In particular, an alternative measure to prosecution will protect a child from a criminal record and its consequences, will allow him to reconcile with the victim, develop useful skills, learn to manage his emotions, etc.

While recognizing that Kyrgyzstan has taken significant steps to ensure the rights of children, the authors nonetheless suggest improving the criminal procedure legislation of the Republic. In particular, it is proposed to give the prosecutor the right to approve a decision to remove a child from the criminal justice system, and to assign approval of an agreement to remove a child from the criminal justice system to the investigating judge.