Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009)

Author:Alexandru Boroi, Angelica Chirila, Dragu Cretu
European Integration -
Police Academy
"Danubius" University of G
"Danubius" University of Gala
The elaboration and ad
of th e po
litical will, but represe
The model that inspi
criminal liabili ty of
minors in S
Keywords: minority; criminal;
For certain categories of offende
insufficient because it does not al
In the field of juvenile justice sy
young age are subject to penaltie
models, minors under a certain
(Necula & Minzala).
Regarding Romania, legislative
proposed reform of Penal Code
regard is the complete surrend
responsible, in favor of educati
thesis project of the Criminal Cod
The model that ins
pired the curre
liability of minors in Spain (as
lities and Perspectives
al Responsibility of Minors in the New
nal Code Offences (Law No. 286/2009)
ndru Boroi
, Angelica Chirila
Dragu Creţu
y ,,A. I. Cuza” Bucharest, alexandruboroi@yahoo
of Galati, Lawyer
Galati Bar, chirila_angelica@un
alati, Judge Higher Court of Cassation and Justice,
adoption of a new penal code represents a decisive moment i
o proceed in developing a new Criminal Code was not a simp
esented a
corollary matched of econ omic and social develop
nd it had
as base a series of gaps existing in current regul
rity represents one of the focal points of the reform prop
/2009). One of the major changes contemplated in this
applicable to juveniles who are criminally respon sible, in fav
spired the current legislation is the Organic Law no. 5 / 20
n Spain (as amended by Organic Law no. 8 / 2006), but hav
er of 2 February 1 945 with subsequent changes), German (La
dments) and the Austrian law (Juvenile J
ustice Act 1988).
educational measures
nders as juveniles, social reaction, classical punis
t allow for any offender reintegration, or protection
systems of law are two models: the traditional on
ties, and most recently, giving priority to education
in age wh
o have committed crimes only apply
e changes concerning the minority is one of the
de (Law no. 286/2009). One of the major chang
nder to the punishment applicable to juveniles
ational measures (Government Resolution approv
rrent legislation is the Organic Law no. 5 / 2000 reg
as amended by Organic Law no. 8 / 2006), but
ce, dragu.cretu@univ
t in the evolut
ion of
imple demonstration
lopment, also to the
oposed by the n ew
ard is the complete
favor of educational
2000 regarding the
have con sidered the
(Law juvenile courts
nishment, proves to be
of society.
one, where by from a
ional measures. In both
ly protective measures
e central points of the
nges envisag
ed in this
es who are criminally
roving the preliminary
regulating the criminal
ut have considered the

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