Certain particularities regarding the underage juridical regime in the romanian criminal code

• Author: Ioan Buda - Nicolae Iancu
• Position: Comisar Chief of Police. The Director of Border Police-Directorater Oradea - Comisar of Police. The Chief of Border Police-Sector Bors
• Pages: 74-80

74

CERTAIN PARTICULARITIES REGARDING THE

UNDERAGE JURIDICAL REGIME IN THE ROMANIAN

CRIMINAL CODE

Comisar Chief of Police Ioan Buda

The Director of Border Police-Directorater Oradea

Comisar of Police Nicolaie Iancu

The Chief of Border Police-Sector Borş

Abstract :

The juvenile delinquency reflects a non adaptation to the juridical and

moral system of the society, being the most important within the negative

deviancies, that include the violation and the breaking of the social life norms, the

integration of the individual, the rights and the liberties of the individual.

The juvenile delinquency represents a characteristic feature of the

infraction phenomena, in the modern society, presenting not only a numerical

increase, but also a continuous accentuation of the offences gravity. The

criminology researches have led to the conclusion that the fight against this

phenomenon must be done, mostly by prevention, protection measures, education

and re-education.

The project of the new Criminal Code stipulates new institutions in relation

with the juridical sanctioning system. Among these we enumerate: work in public

service, elimination of the punishment applicable to the minor and the delay of the

punishment.

The work in public service is meant to be a main punishment as an

alternative to an educational measure. The work in public service is between 50-

250 hours, or if the minor has reached majority from 25 up to 300 hours. The work

in public service is applied only with the accept of the offender and only for

offences punished with prison for no more than 3 years..

The new Criminal Code project stipulates the institution of punishment

elimination that is applicable to the minor and suggests that in case of infractions

sanctioned with prison for no more than 2 years, the instance has the possibility to

renounce to the appliance of punishments for the minor that has had penal

antecedents, covering the caused prejudice and has given solid proof that he/she

can better without punishment.

Key words: Infraction phenomena, Criminal Code project, underage

I. Generalities

In the last four decades, the juvenile delinquency has become one of the

social major problems, a problem to fight in the past and also in the present, inside

most of the contemporary societies, both economically developed and in process of