14
ĐORĐEVIĆ v. CROATIA JUDGMENT
2. The Constitutional Court’s jurisprudence
62. In its decisions nos. U-I-892/1994 of 14 November 1994 (Official
Gazette no. 83/1994) and U-I-130/1995 of 20 February 1995 (Official
Gazette no. 112/1995) the Constitutional Court held that all rights
guaranteed in the Convention and its Protocols were also to be considered
constitutional rights having equal legal force to the provisions of the
Constitution.
B. The Criminal Code
63. The relevant part of the Criminal Code (Kazneni zakon, Official
Gazette no. 110/1997) reads as follows:
Article 10
“Criminal legislation is not applicable in respect of a child who at the time when he
or she committed a criminal offence was not yet 14.”
C. The Minor Offences Act
64. The relevant part of the Minor Offences Act (Prekršajni zakon,
Official Gazette no 107/2007) reads as follows:
Section 9
“(1) A person who at the time when a minor offence was committed was not yet 14
is not liable for the minor offence.
(2) When a person under subsection 1 of this section frequently behaves in a
manner which amounts to serious minor offences, the State body competent to act
shall inform that person’s parents or guardians and the competent social welfare
centre of the person’s behaviour.
(3) A parent of ... a person to whom subsection 1 of this section applies shall be
punished for a minor offence committed by that person where the minor offence
committed is directly connected to failure to supervise that person ...”
D. The Administrative Disputes Act
65. The Administrative Disputes Act (Zakon o upravnim sporovima,
Official Gazette of the Socialist Federal Republic of Yugoslavia no. 4/1977,
and Official Gazette of the Republic of Croatia nos. 53/1991, 9/1992
and 77/1992 – in force until 31 December 2011) in its relevant part provided
as follows: