Certain particularities regarding the rights of the underage offenders

• Author: Laura Roxana Popoviciu
• Position: Candidate to PhD lecturer, AGORA University
• Pages: 218-222

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CERTAIN PARTICULARITIES REGARDING THE RIGHTS

OF THE UNDERAGE OFFENDERS

Candidate to PhD lecturer Laura Roxana Popoviciu

AGORA University

Abstract:

The underage offenders have certain particularities that derive form that

fact that they are considered to have a reduced gravity of the aged, their penal

responsibility being conditioned by their psychological and physical state of the

minor at different stages of the underage.

In the conjuncture in which the juvenile delinquency represent a complex and

serious social phenomena, that within its negative consequences affects both

infants and the society as a whole, the underage offenders problem and their rights

ought to be taken under consideration, mainly because many times they are

confronted with serious breaking of their rights.

As a matter of fact, the children rights are established by a series of international

documents that give a very important role to the protection of families and

children, the Romanian legislation being aligned to these requests by a reform in

justice, after Romania’s adhesion to the European Union.

Key words: underage offenders, children rights, reform justice

The penal legislation of all times have special regulations regarding

underage.

This category of offenders present particularities derived form the fact that it is

considered to be a reduced gravity of the aged people, their penal responsibility

being conditioned by the psychic and physical state of the minors at different stages

of underage, that is the normal psychic and physic state, belonging to each stage,

excepting the cases of anomalies and or illnesses that could affect the normal state.

The theoreticians and practitioners preoccupations, the involvement of politics in

the fight against juvenile infractions was imposed mostly because at the moment,

we talk of a global phenomena.

The infractions that are committed by underage have increased as incidence and

have experienced a great diversity on their form, new types of infractions have

appeared, like the electronic 1, infractions, also experiencing a continuous accent

over the gravity of these infractions.

The penal law can not turn against this sad reality, it must intervene and sanction

this deviant behaviour, by calling to bear the penal responsibility for these actions.

1 http://www.salvaticopiii.ro/romania/copiii_romania/delincventa_juvenila.html