Autor: Laura STĂNILĂ, Adrian STAN

Publicat în: Journal Of Eastern European Criminal Law no. 1/2018

Revistă disponibilăaici.

Abstract: The legal treatment of juvenile delinquents constitutes an issue raising several difficulties, regarding the age stated by the Romanian legislator for imposing criminal liability and, on the other hand, regarding their special requirements in the criminal trial. The comparative criminal law deals extensively with this issue. As a matter of fact, the legal aspects and difficulties of the criminal trial in case of minors are even more under debate in comparison with the aspects of criminal trial in case of adult perpetrators, the doctrine pointing out the conflict between the two criminal procedure systems: the repressive model and the liberal model1. The best solution is undoubtedly the one of implementing and diversifying alternatives to deprivation of liberty in case of juvenile offenders, the strongest argument being their age and their insufficient awareness of their criminal conduct results.

Keywords: minors; special procedure; liberal model; educational measures; deprivation of liberty; compulsory assistance; participation of the legal representative; procedural guarantees; the right to defense; recognition of the accusation; plea bargaining.