THE MINOR LAW BREAKER, PREVENTIVE MEASURES AND ECHR PRACTICE

Eugen Gheorghe Crișan

Abstract


Once with modification of Criminal Procedure Code took place also the modification of conditions towards which against the minor defendants there can also be taken preventive measures. Preceding to an examination of legal disposals it is to be observed that the standards regarding the preventive measures applicable to the minors are mostly different. If to a main level, both Criminal laws state that regarding the preventive measures taken towards the minors must take into consideration their age, the non-prejudice of physical, psychical or moral development of them, in the new Criminal Procedure Code the legislator did not set different measures against the minors referencing to their age, the gravity of the committed infractionand the procedural stages covered by the causes where the minors are researched like in the previous Code. So, previously there was a clear distinction between the minors aged between 14 and 16 years and those aged between 16 and 18 years, establishing that the minors of the first category of age could not been preventively arrested only if the committed infractions were very severe, aspect described by mentioning the punishment previewed by the law that should be the life detention or jail on a 10 years or bigger period. At the same time, it was distinctively established for each of the two categories of minors the length of the preventive arrest measure and its extension during the criminal prosecution, the limits in time for checking the legality and reliability of the preventive arrest during the judgment. In default of such criteria and limitations that guided the judicial organs to an appropriate adaptation of the situation and personalities of the inculpated minors, it is controversial if the new provisions and preventive measures taken towards the minors are according to the stated demands of ECHR.


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