refusal by the juvenile, or his parents, adoptive parent or guardian to follow the order of
the entity enforcing the measure, or where other circumstances envisaged by law should
arise, where such circumstances might have a significant influence on the decision
making process, the enforcement of the measure may be suspended or replaced by
another direct supervision measure or an institutional measure.
(2) Save for the cases under para. 1 above and provided no other provisions are
envisaged for respective correctional measures, a direct supervision measure or an
institutional measure may, in view of the success of the reformation process, be
suspended from enforcement, but may also be replaced by another measure that will
better achieve the purpose of the correctional measures. The suspension of enforcement
or replacement by another measure from within a set of institutional measures shall be
subject to the following limitations:
1) the measure of referral to a community-based correctional facility may
not be suspended within six months of its beginning, during which
period it may be replaced by the measure of referral to a correctional
home or a special education and treatment facility.
2) the measure of referral to a correctional home may not be suspended
within one year, during which period it may be replaced with the
measure of referral to a community-based correctional facility or a
special education and treatment facility.
Re-examination of Correctional Measures
Article 97
(1) Where more than two years have passed since the date of final decision
ordering a correctional measure of direct supervision or an institutional measure, and
where the enforcement has not yet started, the court shall re-examine the need to
enforce the pronounced measure. In so doing, the court may decide that a previously
ordered measure be enforced, be not enforced, or be replaced with another measure.
(2) The measure of referral to a juvenile correctional facility shall not be enforced
if more than six months have elapsed from the date of final decision ordering this
measure, and where its enforcement has not yet started.
Pronouncing Correctional Measure for Crimes in Concurrence
Article 98
(1) Where a juvenile committed several crimes in concurrence, the court shall
jointly assess all the criminal offences and impose one of the correctional measures.
(2)The court shall act in the manner described under para. 1 above even where
after the imposition of the measure it is established that the juvenile committed another
criminal offence either before or after its imposition.
Provision of Data on Correctional Measures Imposed