CRIMINAL LIABILITY OF MINORS UNDER THE NEW CRIMINAL CODE. MODERNIZATION OF THE LEGAL SANCTIONATORY REGIME
CRIMINAL LIABILITY OF MINORS UNDER THE NEW CRIMINAL CODE. MODERNIZATION OF THE LEGAL SANCTIONATORY REGIME

Summary/Abstract: The New Romanian Criminal Code has brought important changes regarding the regulation of the criminal liability of the minod offenders. The article deals with the analysis of these new criminal regulations that reflect a new vision of the Romanian legislator, especially concerning the consequences of the criminal liability – the sanctions that mus be applied by the judge. In this context, we showed that the system of punishments has been entirely rethought, by giving away the penalties – such as the prison or the fee-, so that, de lege lata, the only criminal penalties that can be applied de lege lata to minors are educational measures, even if, during the criminal trial, the minor has become major.We have also analyzed another important change in the new criminal code, the distinction between two categories of educational measures applicable to minor offenders at the time of the commission of the crime: the non-custodial educational measures and the custodial educational measures. We have shortly analyzed these new educational measures, focusing on the principle of priority of applying a non-custodial educational measure, and that of the subsidiary, exceptional character of applying a custodial educational measure.The purpose of this research has been to show up the way the Romanian legislator has been implemented in the national criminal rules the european and the international regulations concerning the criminal liability of the minor offender, taking into consideration the aim proposed in the modern criminal doctrine, that of decriminalization of the penalties that can be applied to the minors.

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