PROBLEMA SENSIBILĂ A ARESTĂRII PREVENTIVE A MINORILOR CU VÂRSTA SUB 15 ANI ÎN ELVEȚIA: STUDIU CRITIC AL PRACTICII ȘI AL JURISPRUDENȚEI

Juvenile deprivation of liberty is a controversial issue, in particular because the measure is in opposition to the educative goal of juvenile justice. Detention of children is a more acute problem. In Switzerland, although pre-trial – as well as administrative (immigration law) – detention of children under the age of 15 are prohibited, they are inappropriately decided by courts and authorities. The article describes the situation, its legal frame and has a critical look at such practice and decisions.