APPLICATION OF THE MORE FAVORABLE LAW AFTER THE FINAL JUDGMENT 
OF OFFENCES COMMITTED 
BY UNDER-AGE CHILDREN Cover Image

APPLICATION OF THE MORE FAVORABLE LAW AFTER THE FINAL JUDGMENT OF OFFENCES COMMITTED BY UNDER-AGE CHILDREN
APPLICATION OF THE MORE FAVORABLE LAW AFTER THE FINAL JUDGMENT OF OFFENCES COMMITTED BY UNDER-AGE CHILDREN

Author(s): Bogdan Giurcă
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: favorable law application principle; minors; penalty in the case of minors; final judgment; educative measures;

Summary/Abstract: The enforcement of the new Criminal Code has raised, as expected, certain problems as regards the application of the criminal law more favorable to under-age children, considering that this code stipulates the punishment of under-age children only by educative measures, while the previous Criminal Code stipulated both educative measures, and punishments.Thus, according to art.115 of the New Criminal Code, the under-age are applied both freedom-non-privative educative measures, and freedom-privative educative measures. This article proposes to analyze very precisely certain transitory situations occurring until the final settlement of the criminal clauses involving under-age children.

  • Issue Year: III/2015
  • Issue No: III
  • Page Range: 786-793
  • Page Count: 8
  • Language: English