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Evoluţia sistemului sancţionator al minorilor în ţara noastră
The Evolution of Minors Sanctioning System in Romania

Author(s): Daniela Maria Czika
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Universul Juridic
Keywords: juvenile delinquency; minor, criminal sanctions system; penalties; educational measures;

Summary/Abstract: The phenomenon of juvenile delinquency is one that acquires new implications in the current Romanian society, in which the abundance of information received by children and young people through various channels of communication risks becoming dangerous, as this information cannot be selected and censored efficiently. This phenomenon of juvenile delinquency implies the failure of minors to adapt both to the legal and the moral systems of society, resulting in the violation of the rights of other society members, but also of the social rules and conventions. As such, it is necessary for the state, through its criminal law policy, to work on adapting to this constantly changing society and find the most effective means for preventing and limiting the criminal phenomenon among minors. In this context, arises the issue of identifying the most appropriate sanctioning system applicable to juvenile offenders, which would allow both the downscaling of the criminal phenomenon among minors, but also the observance of the rights and freedoms specific to this age group. In the context of the state's criminal policy, it is necessary to strike a balance between the public interest in maintaining the social order, by preventing and fighting the criminal phenomenon, and the individual interest of the minor defendant who benefits from a series of specific rights stipulated in the national legislation and in international treaties and conventions. The new vision of the current Romanian criminal code aims at adapting the needs of society to the needs of the individual through the implementation of measures and programs meant to ensure the awareness and acquisition of social values, the adoption of behavior according to the legal norms, and to allow the underage offender access to permanent social reintegration. Thus, it becomes a priority to shape a positive view of social and moral values, rather than to enforce the sanctioning effect of punishment.

  • Issue Year: 2018
  • Issue No: 01
  • Page Range: 81-90
  • Page Count: 10
  • Language: Romanian
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