Provocările administrării probatoriului pentru răspunderea penală a minorilor
The challenges of gathering evidence for the criminal liability of minors

Summary/Abstract: Given the difficulties that may arise in handling cases with juvenile offenders, the legislator came to the aid of the judiciary by creating rules on the evidence to be administered. Thus, it has been recognized that, in that regard, the reasoning of the court is not sufficient to rule on a legal and sound solution, but there is also a need for the opinion of specialists in matters related to the legal one, which will contribute to the understanding of the conduct of the accused person and of the factors which can contribute to the reform of the minor's behaviour. In this context, the forensic report, for the hypothesis that the perpetrator was between 14 and 16 years old at the time of committing the offense, and the evaluation report have acquired particular importance. However, in order to be able to relate to the information contained therein, the judicial bodies must ensure compliance with the principles of legality and loyalty and protect the procedural rights of the accused person. Therefore, this paper aims to analyze the procedural challenges specific to the gathering of evidence in cases with minors and to observe how judicial practice responds to these challenges.

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