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

• Author: Alexandru Boroi, Angelica Chirila, Dragu Cretu
• Pages: 74-78

European Integration -

Realiti

74

Criminal

Criminal

Alexandr

1

Police Academy

2

"Danubius" University of G

3

"Danubius" University of Gala

Abstract:

The elaboration and ad

any state laws. The decision to p

of th e po

litical will, but represe

doctrine and ju risprudence and

changes concerning the minorit

Criminal Code (Law no. 286/20

surrender to the punishment app

measures.

The model that inspi

criminal liabili ty of

minors in S

provisions of French law (Order

in 1953 with subsequent amendm

Keywords: minority; criminal;

e

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

1

, Angelica Chirila

2

,

Dragu Creţu

3

y ,,A. I. Cuza” Bucharest, alexandruboroi@yahoo

of Galati, Lawyer

Galati Bar, chirila_angelica@un

alati, Judge Higher Court of Cassation and Justice,

danubius.ro

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

regar

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

ode).

rrent legislation is the Organic Law no. 5 / 2000 reg

as amended by Organic Law no. 8 / 2006), but

2011

ew

oo.com

univ

-danubius.ro

ce, dragu.cretu@univ

-

t in the evolut

ion of

imple demonstration

lopment, also to the

ulation.

Legislative

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