The reflection of the international legislation concerning the juvenile delinquency in the domestic law

• Author: Elvira Mihaela Patraus
• Position: PhD lecturer, University of Oradea
• Pages: 194-202

194

THE REFLECTION OF THE INTERNATIONAL

LEGISLATION CONCERNING THE JUVENILE

DELlNQUENCE IN THE DOMESTIC LAW

PhD lecturer Elvira-Mihaela Ptruş

University of Oradea

Abstract:

The problem of juvenile delinquency has constituted an object of reflection

in the Romanian and foreign penal literature but few studie s were written on the

subject tackled in this article.

In the motivation of this approach I started from a truth, namely from the

fact that criminality takes proportion and the statistics prove the frequence of cases

where children are victims but criminal offenders as well. The second category has

constituted the object of analysis for this article.

In this context, to operate with the notions of juvenile delinquency and of

the legal liability constitutes a demand of the doctrine and of the legal practice.

The notion of juvenile delinquency is a creation of the legal theory and we

can find it again and again with different senses in the penal legislations of the

states of the world.

Taking into account the peculiarities and the problems that must face the

regulations and the application of the rules for the triggering of legal liabilitv of

the minors, I treated the conditions of this liability and the system of juvenile

delinquency putting the stress on the necessity of the intervention of the legislator

on this segment in order to approximate the national regulations with the

international ones.

Tackling the subject of the methods of prevention and of the penal sanctions

applicable to the minors I proceeded to an examination of the national and

international legislation underlying the necessity of the legislator's intervention in

problems concerning the juvenile legislation and the implication of the Ministry of

Justice in what concerns the development of partnerships, the request for

specialized services including the importance of assuring the transparence of the

trial court in the administration of the decisions for this category of offenders.

Key words: delinquency, penal sanctions, international legislation.

1. The concept of juvenile delinquency

This type of criminal offence comprises the totality of manners and

behaviours having a high level of social peril since these manners transgress or

violate the legal standards through which the most important values of society are

protected.