Publication at Faculty of Law |
2023
Abstract
The subject of this paper is the question of the imposition of custody on the parents of a child. The paper begins with a discussion of the general background of the best interests of the child, together with a review of current case law and legal studies.
This is followed by a brief outline of the propositions concerning the institution of custody in the context of criminal proceedings. The central part of the paper is then a detailed analysis of the Constitutional Court's ruling on the issue and its relationship to the bias of the best interests of the child in the decision-making activities of the criminal justice authority.