APPLICATION OF THE MORE FAVORABLE LAW AFTER THE FINAL JUDGMENT
OF OFFENCES COMMITTED
BY UNDER-AGE CHILDREN
APPLICATION OF THE MORE FAVORABLE LAW AFTER THE FINAL JUDGMENT
OF OFFENCES COMMITTED
BY UNDER-AGE CHILDREN
Author(s): Bogdan GiurcăSubject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: favorable law application principle; minors; penalty in the case of minors; final judgment; educative measures;
Summary/Abstract: The enforcement of the new Criminal Code has raised, as expected, certain problems as regards the application of the criminal law more favorable to under-age children, considering that this code stipulates the punishment of under-age children only by educative measures, while the previous Criminal Code stipulated both educative measures, and punishments.Thus, according to art.115 of the New Criminal Code, the under-age are applied both freedom-non-privative educative measures, and freedom-privative educative measures. This article proposes to analyze very precisely certain transitory situations occurring until the final settlement of the criminal clauses involving under-age children.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: III/2015
- Issue No: III
- Page Range: 786-793
- Page Count: 8
- Language: English