The procedure in cases with minor offenders, comparative analysis between law in force and the perspective of the new criminal procedure code

• Author: Adi Oroveanu-Hantiu - Ana-Maria Moraru
• Position: Faculty of Law and Administrative Sciences, University of Craiova, Craiova, Romania - Faculty of Law and Administrative Sciences, University of Craiova, Craiova, Romania
• Pages: 126-131

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 126-131

126

THE PROCEDURE IN CASES WITH MINOR OFFENDERS,

COMPARATIVE ANALYSIS BETWEEN LAW IN FORCE AND THE

PERSPECTIVE OF THE NEW CRIMINAL PROCEDURE CODE

A. Oroveanu-Haniu, A. M. Moraru

Adi Oroveanu-Haniu

Faculty of Law and Administrative Sciences,

University of Craiova, Craiova, Romania,

*Correspondence: Adi Oroveanu-Haniu, University of Craiova, 13 A.I. Cuza St., Craiova,

Romania

E-mail: adi.hantiu@yahoo.com

Ana-Maria Moraru

Faculty of Law and Administrative Sciences,

University of Craiova, Craiova, Romania,

*Correspondence: Ana-Maria Moraru, University of Craiova, 13 A.I. Cuza St., Craiova,

Romania

E-mail: M_annemarrie@yahoo.com

Abstract

The minor does not possess the mental maturity, intellectual development and

experience required for the efficient use of procedural rights granted by the law

1

, so the

legislator established a special procedure for prosecution and judgment, as well as for the

enforcement of court orders, in case the offender is a minor between 14 and 18.

Keywords: special procedure in cases involving juvenile offenders, Criminal

Procedure Code in force, the new Code of Criminal Procedure.

Introduction

This special procedure provided for and regulated by Articles 480-493 of the Code of

Criminal Procedure shall apply in cases where the defendant is a minor, the participation of

the child in any capacity (e.g., witnesses, injured parties) do not attract special procedure.

Regarding special procedure in cases involving juvenile offenders, unlike other special

procedures, we are dealing more with the usual procedure, Article 480 of the Criminal

Procedure Code provides that the normal procedures plus additions and exceptions special

procedure.

Prosecution in cases involving juvenile offenders under the legislation in force

At this stage of the criminal process, work is carried out according to the usual

procedure being considered, mainly two specific provisions, namely: one on call of certain

people to listen to the minor by the prosecution and the other one concerning obligations to

conduct an essay on evaluation, as follows:

a) When the defendant is a minor who has not reached the age of 16, the prosecution

may, if it considers it necessary, decide to call in any hearing or confrontation of the child the

protection services for victims and perpetrators of social reinstatement where the child resides

and the parents, or when appropriate the guardian, trustee or person in whose care or

1

I. Oancea, Drept penal. Partea general, “Didac tic i pe dagogic” Publishing House, Bucharest, 1971, pp.

406-407.