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Mihai DUNEA: The special regime of punishment for the underaged delinquent in Romanian criminal law

Abstract: This article addresses the issues of special features in sanctioning a concurrence of offences committed by an underaged delinquent, as regulated by the Romanian Criminal Code of 1968. According to the Romanian penal law in force, the responsible child who committed a criminal offence is to be sanctioned either by applying educational measures (category of special criminal sanctions solely created for the category of juvenile offenders), or by imposing a punishment (adapted to the specific situation of juvenile offenders, by reducing the limits of punishment, in principle, by half - without permitting the special minimum, in case of prison sentence, to exceed five years - and without the possibility of life imprisonment, but instead, of a sentence of imprisonment between 5 and 20 years). In choosing the appropriate sanction, the court is obliged to consider, first, the opportunity of an educational measure, the use of punishment representing (in the view of the current Romanian criminal law legislator) the last resort in what regards the juvenile offenders. These rules are to be respected - mutatis mutandis - including the case where the responsible child has been an active subject of several crimes committed before a definitive (final) judgment of conviction was pronounced (concurrence of offences). The article examines several possible situations that may arise based on this premise, presenting theoretical and practical solutions highlighted in the academic literature, drawing on them some critical evaluation and personal proposals.

Keywords: minor (underaged / adolescent) delinquent, concurrence of offenses, punishment, educative measures, merger of sanctions, incompatible sanctions.


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