Particularităţile sancţionării infractorului minor care a comis un concurs de infracţiuni
The special regime of punishment for the underaged delinquent in Romanian criminal law

Summary/Abstract: This article addresses issues of special features in sanctioning a concurrence of offences committed by a minor. According to the Romanian penal law in force, responsible child who has committed a criminal offense is to be sanctioned either by the application of educational measures (category of special criminal sanctions solely for the category of juvenile offenders), or by the imposition of a punishment (adapted to the specific situation of juvenile offenders, by reducing the limits of punishment in principle by half - without permitting the special minimum, if the prison sentence, to exceed five years - and without the possibility of life imprisonment penalty, but instead, a sentence of imprisonment between 5 and 20 years). In choosing the appropriate sanction, the court is obliged to consider, first, the opportunity of an educational measure, the use of punishment representing (in the view of the current Romanian criminal law legislator) the last resort in what regards the juvenile offenders. These rules are to be respected - mutatis mutandis - including the case where the responsible child has been an active subject of several crimes committed such way that no definitive judgment of conviction was interfered between them (concurrence of offences). The article examines the many possible situations that may arise based on this premise, presenting theoretical and practical solutions outlined and delivering them on some critical assessments and personal proposals. Thus, possible solutions were analyzed in relation to the following situations that may occur: - All concurring offences are judged together, and the offender has not attained the age of majority until delivery of the sentence (it was examined if the court considers that it is necessary to pronounce punishments for each crime separately; if the court considers it sufficient to apply only educative measures; if the court considers that for some offences it would be required to apply punishments, and for other offences educational measures should be sufficient); - All concurring offences committed during minority shall be judged together, the offender having reached majority by the time the decision is pronounced (in which case educational measures can not be applied, even if the gravity of the offences would not require recourse to punishment); - All concurring offences, some committed during minority, some other after the age of majority (18 years), will be tried together; - Concurring offenses are not tried together, but the offender remains a minor to the date when the final decision is passed; - Concurring offences committed during minority have not been judged together, and the offender became a major until the final decision was taken; - Concurring offenses committed, some during minority, some other after the age of majority, are not tried together. These solutions were investigated and correlated with the binding decision of the Romanian Supreme Court, which affects the studied field (Decision No. XXX/2007 of the United Chambers of the High Court of Cassation and Justice of Romania), taking also into regard the critical analysis of this decision made, by specialist, into the legal literature.

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