Criminogenic Causes and Factors that Contribute to the Commission of Crime by a Minor

• Author: ?tef?nu? Radu
• Position: Assistant Professor, PhD, Danubius University of Galati, Romania
• Pages: 44-54

European Integration - Realities and Perspectives. Proceedings 2020

44

Criminogenic Causes and Factors that

Contribute to the Commission of Crime by a Minor

Ștefănuț Radu1

Abstract: The object of this scientific study is represented b y the analysis of the causes and factors that

contribute to the commission of crime by the minor and which have a real contribution in the commission of

the crimes. The result of the study consists in explaining the criminal behaviour that represents the central issue

of criminology, which involves establishing the cause, reconstructing the system of determinant factors around

it, as well as elucidating the genesis process of the criminal behaviour. The bottom lin e is that the connection

between causes, factors and criminality is a sensitive and delicate topic approached by many writers in an

attempt to outline clear ideas for preventing and combating criminal behaviour.

Keywords: criminology; genesis process; criminal behaviour

Regarding the age from which the criminal responsibility of the minor begins, it is noteworthy that the

age limits that define the minor depend on each legal system and take into account the economic, social,

political and cultural system of each state. Consequently, the minority comprises an age group between

7 and 18 years or older. For example, in the United States, the demarcation line between minors and

adults differs from state to state and, sometimes, even within the same jurisdiction, depending on the

context. If, in a certain state, an 18-year-old can sign a contract, he or she cannot buy alcohol before

reaching the age of 21. Therefore, each American state has its own laws that define the concept of minor

and adult. Thus, in the state of Massachusetts, any child between the ages of 7 and 17 “who violates an

ordinance or municipal decision or commits any offense under a Commonwealth law” is considered a

juvenile offender - unless he or she is charged with murder or crime, in which case shall be treated as

an adult at the age of 14 years, although there is no reason to explain why the same defendant should be

treated as minor when being charged with theft and as an adult when charged with murder (Semenescu

& Semenescu, 2009, p. 50).

In French law, the minor under the age of 13 cannot be subjected to a criminal sanction, but only to

educational measures that can be taken by the juvenile judge; the detention of the minor during the

police investigation can be ordered from the age of 10 years. Between 13 and 16 years, the punishments

that can be applied are reduced by half, and the provisional arrest is possible only for crimes judged by

the juvenile court.

1 Assistant Professor, PhD, Danubius University of Galati, Romania, Address: 3 Galati Blvd., 800654 Galati, Romania, Tel.:

+40372361102, Fax: +4037236129 0, Corresponding author: stefanut.radu@univ-danubius.ro.