The criminal procedure in the cases of under age - the premise of fighting criminal offences among under age

• Author: Vasile Luha
• Position: Associated professor, candidate to PhD, University '1 Decembrie 1918' of Alba Iulia
• Pages: 150-154

150

THE CRIMINAL PROCEDURE IN THE CASES OF UNDER

AGE – THE PREMISE OF FIGHTING CRIMINAL OFFENCES

AMONG UNDER AGE.

Associated professor

candidate to PhD Vasile Luha

University “1 Decembrie 1918” of Alba Iulia

Abstract:

The special criminal procedure in the cases of under age is presented in

summary, highlighting the role of special normative dispositions for the protection

of under age who have committed misdemeanours. The author asks himself

whether this derogatory procedure can contribute to reduce the rate of criminal

offence among under age. It is noticeable that the system of procedure norms only

creates a legal basis that is flexible enough to fight against criminal offence among

under age, expressing only the possibility.

Key words: special criminal procedure, criminal offence, under age

1.Introductory observations

The protection of the under age, the evolution of criminal offence among the under

age has represented a continuous preoccupation for the governments who have

succeeded after 1989, at a declarative level as well as from an institutional or

operative point of view. Romania has ratified the Convention concerning children's

rights1 and has adapted its internal legislation concerning children’s rights

according to the principles devoted in this convention. The internal legislation has

been subject to numerous and important modifications in what concerns the special

protection that is granted to children as well as the adoption system.

The entire Romanian legislation has in view the fact that the family, as a basic

element of society and as natural environment destined to the growth and well

being of all its members, and especially of the children, must benefit from the

protection and assistance that it needs in order to fully assume the responsibilities

within society and that every child must grow and develop in a family

environment, with happiness, love and comprehension.

Adapting the internal legislation has represented a significant success recognized

internationally; bringing the law into operation had brought a visible improvement

in the administrative systems for the protection of children’s rights and in assuring

the efficient functionality of the legal instrument for protection and control.

1 The Convention concerning children’s rights has been ratified by Law nr. 18/2001 and published

in the Official Gazette nr. 314/ 13.06.2001