Acordul de recunoaştere a vinovăţiei în cazul minorilor - între iluzie şi deziluzie
The Guilty Plea Agreement for Minors - Between Illusion and Disillusionment

Summary/Abstract: The plea agreement may be concluded by both adult defendants and juvenile defendants; however, in the case of the latter, it requires the consent of the legal representative, pursuant to Article 478(6) of the Criminal Procedure Code. The provisions of Article 504(2) of the Criminal Procedure Code allow the criminal investigation authorities to decide to continue applying the procedure specific to juveniles to a defendant who has reached the age of majority during the course of the criminal investigation, up to the age of 21, taking into account, inter alia, the individual’s level of maturity and vulnerability. Once the same defendant has attained majority, they may independently conclude, within the same case, a plea agreement, without the need for the consent of any legal representative. Under these circumstances, can the consent expressed by such a defendant at the time of concluding the agreement still be regarded as valid, given that the continuation of the juvenile specific procedure was ordered in light of their degree of maturity and vulnerability? We conclude that the answer is affirmative, albeit significantly conditioned upon the effectiveness of the defendant’s legal defence, such that the legal assistance referred to in the final thesis of Article 480(2) of the Criminal Procedure Code is not merely illusory, but genuinely and fully ensured.

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