Autor: Bogdan Giurcă
Publicat în: Analele Universității „Titu Maiorescu”, 2015
Disponibil online: aici.
Abstract: The enforcement of the new Criminal Code involved, as expected, certain problems as regards the application of the criminal law more favourable to under-age children, considering that this code stipulates the punishment of under-age children only by educative measures, while the previous Criminal Code stipulated both educative measures, and punishments. Thus, according to art.115 of the New Criminal Code, the under-age are applied both freedom-non-privative educative measures, and freedom-privative educative measures. This article proposes to analyse very precisely certain transitory situations occurring until the final settlement of the criminal clauses involving under-age children.
Keywords: Criminal Code; supervised freedom; institutionalization in a re-education centre.