Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009)
The elaboration and adoption of a new penal code represents a decisive moment in the evolution of any state laws. The decision to proceed in developing a new Criminal Code was not a simple demonstration of the political will, but represented a corollary matched of economic and social development, al...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Danubius University
2011-05-01
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| Series: | EIRP Proceedings |
| Subjects: | |
| Online Access: | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/800/658 |
| _version_ | 1819039710302961664 |
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| author | Alexandru Boroi Angelica Chirila Dragu Cretu |
| author_facet | Alexandru Boroi Angelica Chirila Dragu Cretu |
| author_sort | Alexandru Boroi |
| collection | DOAJ |
| description | The elaboration and adoption of a new penal code represents a decisive moment in the evolution of any state laws. The decision to proceed in developing a new Criminal Code was not a simple demonstration of the political will, but represented a corollary matched of economic and social development, also to the doctrine and jurisprudence and it had as base a series of gaps existing in current regulation. Legislative changes concerning the minority represents one of the focal points of the reform proposed by the new Criminal Code (Law no. 286/2009). One of the major changes contemplated in this regard is the complete surrender to the punishment applicable to juveniles who are criminally responsible, in favor of educational measures. The model that inspired the current legislation is the Organic Law no. 5 / 2000 regarding the criminal liability of minors in Spain (as amended by Organic Law no. 8 / 2006), but have considered the provisions of French law (Order of 2 February 1945 with subsequent changes), German (Law juvenile courts in 1953 with subsequent amendments) and the Austrian law (Juvenile Justice Act 1988). |
| first_indexed | 2024-12-21T08:57:32Z |
| format | Article |
| id | doaj.art-f78bfd768fd64d2b8b42ddefa247026f |
| institution | Directory Open Access Journal |
| issn | 2067-9211 2069-9344 |
| language | English |
| last_indexed | 2024-12-21T08:57:32Z |
| publishDate | 2011-05-01 |
| publisher | Danubius University |
| record_format | Article |
| series | EIRP Proceedings |
| spelling | doaj.art-f78bfd768fd64d2b8b42ddefa247026f2022-12-21T19:09:32ZengDanubius UniversityEIRP Proceedings2067-92112069-93442011-05-01617276Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009)Alexandru BoroiAngelica ChirilaDragu CretuThe elaboration and adoption of a new penal code represents a decisive moment in the evolution of any state laws. The decision to proceed in developing a new Criminal Code was not a simple demonstration of the political will, but represented a corollary matched of economic and social development, also to the doctrine and jurisprudence and it had as base a series of gaps existing in current regulation. Legislative changes concerning the minority represents one of the focal points of the reform proposed by the new Criminal Code (Law no. 286/2009). One of the major changes contemplated in this regard is the complete surrender to the punishment applicable to juveniles who are criminally responsible, in favor of educational measures. The model that inspired the current legislation is the Organic Law no. 5 / 2000 regarding the criminal liability of minors in Spain (as amended by Organic Law no. 8 / 2006), but have considered the provisions of French law (Order of 2 February 1945 with subsequent changes), German (Law juvenile courts in 1953 with subsequent amendments) and the Austrian law (Juvenile Justice Act 1988).http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/800/658minoritycriminaleducational measures |
| spellingShingle | Alexandru Boroi Angelica Chirila Dragu Cretu Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009) EIRP Proceedings minority criminal educational measures |
| title | Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009) |
| title_full | Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009) |
| title_fullStr | Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009) |
| title_full_unstemmed | Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009) |
| title_short | Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009) |
| title_sort | criminal responsibility of minors in the new criminal code offences law no 286 2009 |
| topic | minority criminal educational measures |
| url | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/800/658 |
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