Release of minors

• Author: Edgar Lauren?iu Dumbrav?
• Position: PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: edgards58@yahoo.co.uk).
• Pages: 154-164

RELEASE OF MINORS

Edgar Laurenţiu DUMBRAVĂ*

Abstract

The sanctioning of minors provided in a whole new Criminal Code is kinder to those applying to

one category of criminal penalties, namely educational measures. This change occurred after finding

the need to recover and straightening of juvenile offenders with their age-sp ecific means and without

coming into contact with major people that could adversely affect behavior.

Keywords: minor, release, parole, jail, prison.

1. Introduction

The sanctioning regime applicable to

minors, provided by The New Criminal

Code, is overall milder than the previous

one

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, because to t hem there will be applied

only one category of criminal law sanctions,

namely the seducatio nal measures. T his

change occurred after finding the need to

recover and redress the juvenile offenders

by specific means for their age, without

coming into contact with adults, that could

affect their behavior in a negative way.

Custodial educational measures can

be taken against a minor in the two cases

provided by art. 11 4 para. (2) of The

Criminal Code:

a) if he has committed a crime for

which it was taken an educational measure

that has been executed or he began

executing an educational measure before

committing the offense for which he is

judged;

 PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail: edgards58@yahoo.co.uk).

1

Exceptiong the situation provided by the previous criminal code, when the minor was sentenced to a term of

imprisonment with conditional su spension on supervision or control, which in terms of maintaining the minor in

liberty was more favorable than an educational measure involving deprivation of liberty under the new code.

b) when the punishment provided for

the offense is imprisonment for 7 years or

more or life imprisonment.

Also, custodial educational measures

will be applied to the minor in the following

cases:

 If the minor does not comply, in bad

faith, the e xecution conditions of the

educational measure or the o bligations

imposed, the court decides to replace the

measure with internment in an educational

center, where, initially, it was taken the

most se vere non-custodial educational

measure, for it’s maximum duration

provided by the law (situation provided by

art. 123 para. (1) c) of The Criminal Code);

 If the minor does not comply with bad

faith performance conditions or obligations

imposed educational measure, even after it

has been done in accordance with paragraph

123. (1) a) and b), the court has to replace

the measure with internment in an

educational center (situation provided by

art. 123 para. (2) Criminal Code.);

 If the minor serving a non-custodial

educational measure commits a ne w crime