Despre compatibilitatea caracterului general al măsurilor de siguranță cu regimul răspunderii penale a minorului. Între coerența normativă și realitățile aplicării sale practice
On the compatibility between the general nature of safety measures and the special regime of juvenile criminal responsibility. Between normative coherence and the realities of practical application

Summary/Abstract: The current regulation of safety measures under the Criminal Code maintains a unitary conception, applied without distinction to adults and minors, although the regime of criminal responsibility of minors has its own rationale and finality. This article examines the compatibility of these measures with the specific features of juvenile criminal responsibility, emphasizing the need for a conceptual distinction between neutralizing danger and reeducating behaviour. It analyses, in parallel, the normative evolution, the theoretical foundations, and recent case law, which reveal a selective and cautious application of safety measures to minors. The study highlights that, although theoretically compatible, these measures are not yet adapted to the psychological and social particularities of the minor’s age, which partially limits their preventive effectiveness and their relevance within the juvenile justice system. Consequently, the article brings to the forefront the need for a conceptual repositioning of the institution of safety measures, in accordance with the principle of the child’s best interests and with the coherence requirements specific to juvenile justice.

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