Minority in the new penal code. Comparison with the actual penal code

• Author: Laura Roxana Popoviciu - Nechita Elena-Ana
• Position: PhD Lecturer, Faculty of Law and Economics, AGORA University, Oradea - PhD Professor, Faculty of Law and Economics, AGORA University, Oradea
• Pages: 289-295

MINORITY IN THE NEW PENAL CODE. COMPARISON WITH THE

ACTUAL PENAL CODE

Laura Roxana Popoviciu

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Elena Ana Nechita

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Abstract

The current article it wishes to be a comparative study of the incriminating system of

juveniles, under the view of the two normative acts (bills) regulating i t: the actual penal

incrimination (Romanian Penal Code in force) and the future penal incrimination (Law

286/2009 – The New Romanian Pena Code) which enters in force most probably in the year

of 2011.

Why a new Romanian Penal Code? The explanation starts from the fact that, although

the actual Penal Code was the result of a teamwork of prestige specialists, and also after

1989 was brought a series of modifications to the Penal Code witch tried to remove some

incompatible regulations with the exigency of the state law, no modification could remove the

discussion upon the necessity of a new Penal Codification.

Why changes in the matter of minority? Because the problem of using ways of judiciary

constrain of penal nature with respect to the minors formed and continues to form one of the

important preoccupations of the penal right science, considering the fact that in the content

of general criminal state, a really vast sector of criminal activities done by the juveniles exist.

Key words: minority, penal code, minors, criminal responsibility.

Introduction

The actual penal code, adopted by the Law no. 15/1968, in force from 1 Jan 1969, has

represented the corollary of a long time work, done by a team of prestige specialists, under

coordination of the eminent teacher and researcher Vintila Dongoroz.

After the 1989 revolution a series of changes were brought to the Penal Code witch

tried to remove some regulations incompatible with the state in law exigency, but were not

and it couldn’t be able to determine a structural change of the Romanian penal regulations

and they didn`t stop the discussion upon the necessity of a new penal codification

1

.

So, in 29 June 2004, by the Law 301/2004, the Romanian Parliament adopted a new

Penal Code. Althou gh this new Penal Code wanted to be a modern law, compatible with the

similar regulations from other European countries, so many reckless predictions, lacks and

incorelations, that the text is almost impossible to apply in practice.

After postponing the entry into force of new Penal Code, adopted by the Law

301/2004 (the first postpone was until 1 September 2008 and the second postpone until 1

September 2009) it changed to the development of a new Penal Code

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, able to take the

elements mentioned in the force Code and from the Law 301/2004 and to integrate it under a

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PhD Lecturer, Faculty of Law and Economics, AGORA Univer sity, Oradea, lpopoviciu@yahoo.com

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PhD Professor, Faculty of Law and Economics, AGORA University, Ora dea, anaelena2009@yahoo.com

1

J. Rinceanu, “Essential features o f the crime analysis in th e Romanian penal law, the Penal Law Review”, no.

1 / 2010, p. 16.

2

V. Pavaleanu, “Comments on the project of a new Penal Cod e, in Penal Law Magazine”, no. 1/2009, p. 24.