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
SUMMARY

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-specific means and without coming into contact with major people that could adversely affect behavior.

 
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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
1
, 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

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