Part I
Andra-Roxana ILIE, Ph.D. candidate, The minority within the New Romanian Crininal Code
The regulation of minority within the new Romanian Criminal Code represents, as stated in the Explanatory Note, one of the main aspects of the reform which was desired through this instrument. Some measures taken in this area are following a new direction, but a lot of the rules of the current Criminal Code have been maintained.
First, whlile the first version of the Draft Criminal Code suggested to diminish the age of the criminal liability to 13 years, the final version, published in the Official Journal, does not bring any change to the current regulation.
However, major changes were brought to the sanctions applicable to minors. In this area the legislator wanted to expressly give up penalties in exchange of educational measures. Moreover, educational measures provided by the new legislation are different than the ones in the current Criminal Code. Significant modifications also appear with regard to plurality of crimes and the prescription of criminal liability and of enforcement of educational measures.
Keywords: New Criminal Code, minority, penalty, educational measures, prescription of criminal liability, prescription of enforcement of educational measures.
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