THE REGIME OF THE CRIMINAL RESPONSIBILITY OF MINORS IN THE NEW PENAL CODE

The imminent entrance into force of the Penal Code - adopted by Law 286/2009, published in the Official Gazette No 510/24 July 2009 - inserts a series of modifications in the system of penalties stated for minors. Without changing the limits of age for criminal responsibility, the future Penal Code inserts an essential modification - namely: there are no penalties stated for juvenile offenders. Thus, the only forms of penalties applicable for this special category of offenders are the educatory measures. The future Penal Code separates these measures in two categories: non-custodial measures and custodial measures. The first category includes civic training stage, supervised freedom, home detention during weekends and daily assistance; the second category includes admission into a re-education centre and admission into a medical-educatory institute. This paper aims to detail each of these educatory measures and to present the conditions for their approval, but also the grounds on which they are applicable. We shall thus note the advantages and disadvantages of this new regime of penalties stated by the future Penal Code for juvenile offenders.