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ALTERNATIVE SANCTIONS FOR JUVENILES: HOME CONFINEMENT, RESTORATIVE JUSTICE, RESTITUTION, ETC.

Alternative Sanctions

Alternative sanctions in general do not have a long tradition in Slovenia. The same is true for alternative sanctions for juvenile offenders: they have only been developing in the last two decades after Slovenia’s independence and its renewed criminal legislation.

Nevertheless, at least some of them have become a regular and frequent feature of juvenile justice. Among the educational measures described previously, the three nonresidential ones could, to an extent, be considered alternative sanctions. This is less true for reprimands and for orders for supervision by a social welfare agency but is largely valid for the group of measures under the title “Instructions and Prohibitions.”

As explained earlier, there are 11 possible measures, among which making a personal apology to the victim, and reaching a settlement with the injured party about ways to remedy damages carry notions of restorative justice. Community service epitomizes the most typical alternative sanction. However, especially with the latter, troubles with practical implementation persist: among the more important ones, lack of adequate demand for such community work combined with an overburdened social service system that is tasked with finding such alternatives are serious issues. Both problems are tied to budgetary issues: there has not yet been a suitable solution for (very limited) expenses incurred due to employing a juvenile offender in community service and social services have not been granted any additional resources or personnel to deal with the new work tasks they are bound to perform with regard to community service (Filipcic 2015).

 
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