Theoretical and Normative Aspects of Custodial Remand for Juveniles

The paper analyzes problematic issues concerning the imposition of pretrial detention on juvenile accused persons (suspects) in Russian criminal procedure law, taking into account recent amendments to Article 108 of the Russian Code of Criminal Procedure. The author provides a detailed examination of the normative and theoretical components of the issue is carried out, leading to findings about legal problems that arise, in particular, from the lack of a uniform practical approach to what constitute exceptional circumstances that a court must consider when deciding to remand a juvenile accused or suspect in custody for an offense of medium gravity. The author concludes that it is necessary to enshrine a model list of such circumstances in the explanatory rulings of the Plenum of the Supreme Court of the Russian Federation to ensure uniformity of caselaw. Reasoned conclusions are also offered on the untenability of theoretical proposals that would prohibit ordering pretrial detention for juveniles and replace it categorically with alternative measures of restraint. Proposed amendments to the Plenum’s resolutions of the Supreme Court of the Russian Federation are outlined, in particular calling for repeal of the rule requiring mandatory participation of a defender for an adult accused (suspect) who committed an offense before attaining the age of eighteen.