Minorul-suspect/inculpat. Necitarea persoanelor prevăzute în art. 505 alin. (1) din noul Cod de procedură penală la orice ascultare sau confruntare. Neconstituționalitate
The minor suspect/defendant. The non-summoning of the persons provided in art. 505 par. (1) from the new Criminal Procedure Code to any hearing or confrontation. Non-constitutionality

Summary/Abstract: When the suspect or defendant is a juvenile who has not reached the age of 16, any hearing or confrontation of the minor, the criminal investigative body cites his parents or, as the case may be, the guardian, curator or person in care or supervision of the child temporarily the minor, as well as the general direction of social assistance and child protection in the locality where the hearing takes place [art. 505 par. (1) of the new Criminal Procedure Code]. On the contrary, if the suspect or accused is a juvenile who has reached the age of 16, the citation of the parents or other persons mentioned above is only ordered if the criminal investigative body considers it necessary [art. 505 par. (2) of the new Criminal Procedure Code]. The provisions of art. 505 par. (2) of the new Criminal Procedure Code, as well as the phrase "who has not reached the age of 16" from the content of par. (1) of the same article are unconstitutional.

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