Unele consideraþii privind aplicarea în timp a legii penale în cazul minorilor, determinate de intrarea în vigoare a noului Cod penal
The New Penal Code on the Operative Period of a Criminal Law in Case of Minors

Summary/Abstract: The present study aims at synthesising the legal regime applicable to minors, from a double perspective, that of the Penal Code in force as well as that of the new Penal Code of 2009, as regards the matter of the more lenient criminal law. The study tries to seek a balance between the current legal system applicable to minors and the one set out in the future Penal Code, which couldn’t have been achieved but through a comparison of the two legal regimes, within the larger framework of the more lenient criminal law. After all, what is more important to understand from two different laws, if not the issue of the more lenient criminal law? The purpose of the study is to analyse the educational measures and penalties incurred by minors, as set out in the current Penal Code, by pointing out different failures of the law, such as: the incomplete character of article 107 and the lack of certain constituents of the connivance offence when the offender obstructs or prevents execution of an educational measure. The author further analyses the educational measures provided by the new Penal Code, using a “raw” approach, with no influence other than the letter and spirit of the law. The two sanctioning systems are examined comparatively, focusing on the similarities and essential differences they contain. At the same time, the author remarks the replacement of certain educational measures with others (much like the replacement of one preventive measure with another in the current Penal Code) justified merely by a change in the factual situation, despite the fact that the Romanian legislator is still faithful to the principle stating that the offence is the only basis of criminal liability. The author notices an additional failure of the new Penal Code system, namely article 129. The new penal provisions are unclear about the manner in which the aggravating circumstances shall be applied to minors, since the new Penal Code provides no legal ground which may allow for aggravating circumstances to be ruled alongside with custodial or non-custodial educational measures.

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