About sanctions and other legal measures feasible to the juvenile offender

• Author: Dan Lutescu
• Position: Assist. candidate to PhD, University of Pitesti
• Pages: 155-161

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ABOUT SANCTIONS AND OTHER LEGAL MEASURES

FEASIBLE TO THE JUVENILE OFFENDER

Assist. candidate to PhD Dan LuYescu

University of Piteşti

Abstract:

This article presents the legal sanctions that can be taken as a consequence

of establishing the penal accountability of the juvenile offender, but also the legal

measures for the juvenile that cannot be hold responsible for its offending actions

due to his age. The author intends to underline certain aspects concerning the

implementation of the legal provisions in this matter and also to make few

comments on the subject of preventing juvenile delinquency.

Key words: legal measures, juvenile delinquency, rights

According to the international conventions that engage Romania and also to

the internal legislative body, certain child’s fundamental rights are stipulated and

protected, such as: the right to an identity (which includes the right to a name, the

right to be registered immediately after birth, the right to citizenship, the right to

know his parents and to be properly looked after, raised and educated by them)

from the moment of birth, the right to be protected and assisted in the full exercise

of his rights, the right to an education, the right to an specialised and adapted care,

the right to be consulted and to respect his opinion (depending on the age of the

minor and his level of intelectual development), the right to proceed with

maximum quickness in the judicial causes involving a child and his rights, the right

to a specific protection against abuse and exploitation of any kind.

The promotion and full exercise of all these rights in the social life has great

impact in the harmonious development of child’s personality, in learning all the

communication’s tools, but also in learning to respect and to obey the legal,

social and moral provisions and rules of the community.

Legaly stated within the law 272/2004, among other fundamental principles in the

domain of the promotion and protection of the child’s rights, the main rule of

prevalent interest of the child designates the absolute priority that should be given

to the child’s rights in all aspects of social life: “this law, aswell as any legal

provisions adopted in the matter of protection and promotion of the child’s rights,

and any legal act emanated in this matter subdues primarily to the rule of

prevalent interest of the child. The rule of prevalent interest of the child is imposed

even in relation with the rights and obligations given by the law to the parents, or

to any other person to which the child was given in legal custody. The rule of

prevalent interest of the child will prevail in all legal actions and decisions taken

by the public authorities and private empowered organizations concerning