Criminal Liability of an Juvenile Offender


  • Aurel Octavian Pasat Universitatea "Danubius" Galati


Crime, juvenile, criminal liability, coercive measures


The extent of crime among minors, especially the criminal offenses they commit through the use of aggressive forms, has led to the correction, education and, last but not least, the application of coercive measures in relation to them, in order to stalled the criminal phenomenon among the young generations. Criminal liability, an inevitable consequence of the violation of the rules of law, includes all provisions regarding the enforcement of Criminal Code. In the process of finding and committing criminal liability in the case of the minor offender, however, there are a number of peculiarities, which directly influence both the establishment of the criminal capacity and the completion of the sanctioning mode, appearances that differentiate the type of attitude to be applied to children who commit crimes in correlation with adults. Thus, the object of the paper is to establish the differences between the provisions of the criminal legislation of Romania and the Republic of Moldova, regarding the criminal liability of the minor in order to ensure a perfect normative framework. The inherent purpose of this study is to highlight the particularities of the criminal liability of the minor by analyzing the normative acts, identifying the methods and means to be applied to the juvenile offenders, as well as the submission of the assumptions of the Ferenda law.


Alecu Gh., (2009) Theoretical and legal considerations on the concept of criminal liability. The relationship of responsibility, in Law and life, no. 5, Bucharest;

Balance of activity of The National Probation Inspectorate for 2021, Chisinau, p. 4,;

CCR Decision no. 102/2018 on the exception of unconstitutionality of the provisions of Article 505 para.(2) of the Rules of Criminal procedure, as well as the phrase “who has not reached 16 years” in the provisions of Article 505 para.(1) of the Rules of Criminal procedure. In MO No 400/2018;

Decision of the plenum of the Supreme Court of Justice of the Republic of Moldova no. 39 of 22.11.2004 on judicial practice in criminal cases concerning minors;

Dongoroz V., (1939) Criminal law. Bucharest;

Educational measures involving deprivation of liberty can be accessed at the following link:;

Lupu M., (2016), The confinement and enforcement of preventive measures against children in conflict with the law. In: Journal of legal studies no.3-4;

Marin L.-G., The individualization of criminal sanctions for juvenile offenders, can be accessed at the following link:;

Opalco A. (2012), Factors contributing to the Commission of the offense by the minor. In: National Journal of Law, no. 4, Chisinau;

Opalco A., (2012), The effectiveness of the custody of the minor for supervision of parents, persons who replace him or special state bodies as an educational constraint measure. In: National Journal of Law, no.8, Chisinau;

Pavaleanu V. (2012), General criminal law. According to the new Criminal Code. Bucharest;

Probation program for minors. Civic and vocational training for you and the community can be accessed at the following link,;

Savga A., The impact of the favorable sanctioning regime on the criminal process, can be accessed from the following link:;

Tănoviceanu I.. (1923), Treaty of Law and Criminal procedure. Second Editions. Bucharest;

The Great Soviet Medical Encyclopedia, (1984), B.V. Petrovsky, 22nd volume, 3rd edition, , Moscow;

The course book “Juvenile Justice” can be accessed at the following link de Politie__-_2013.pdf;;

The criminal liability of the minor can be accessed at the following link:;


Law No. 985. In: Mo No. 72-74 of 14.04.2009, Criminal Code of the Republic of Moldova, Updated form valid;

Law No. 286. In: Mo No. 510 of 24.07.2009. The Criminal Code of Romania of 17 July 2009, Updated form valid;

Law no. 254/2013, on the execution of punishments and custodial measures ordered by the judicial bodies during the criminal trial, In: MO No. 514 of 14.08.2013., Updated form valid;

Law No. 122/2003, Rules of Criminal procedure of the Republic of Moldova published: In the Official Gazette no. 248-25105;

Law No. 152/2014, The Education Code of the Republic of Moldova, In: MO No. 319-324 of 24.10.2014., Updated form valid;

The Constitution of Romania published in: MO no. 767/2003 can be accessed at the following link:;






Studies and Articles