REFERATUL DE EVALUARE A MINORULUI – STUDIU PRIVIND CORELAREA PREVEDERILOR TEORETICE CU PRACTICA NAŢIONALĂ
MINOR'S ASSESSMENT REPORT - STUDY ON THE CORRELATION OF THEORETICAL PROVISIONS WITH NATIONAL PRACTICE

Summary/Abstract: The premise used in this article is that of finding a real mechanism to help the judiciary in its fight against juvenile delinquency, which is a real problem of our days, a problem that evolves at the same pace...or even at a greater one, with the society and its technological breakthroughs, aiming therefore to determine the real possibilities and identify strategies for implementing social policies for children cases, has nevertheless established the primary need of identifying the problems existing. The need for legislative changes is therefore utterly necesary in order to improve, for example, the sanction applied in cases where the minor's assessment report has not been carried out or has been carried out incorrectly, a mechanism which has become a real support for the judge in need of determining the most appropriate educational measure to be applied to the juvenile offender. From this point of view, extending the possibility of a judgment which is not necessarily based on a social investigation of the defendant may open the way to superficiality or to a lack in the establishment of the judicial truth, a basic objective in the criminal process. Similarly, upon analysing the various regulations concerning the criminal liability of minors, especially those who are assesed by the probation officers, the criminal measures applies by the judge have determined the need of a singleinbound regulation or act as can be found, for example, in French or Spanish legislations. The positive aspect of the whole process revealed that a "social construction hypothesis" in which the minor is educated (or re-educated, where appropriate) to become a good citizen, as opposed to the classical one, oriented towards limitations and stigmatisation that are not beneficial, is the most crucial aspect of it all.

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