Part I

Andra-Roxana ILIE, Ph.D. candidate, Minorities in the New Romanian Criminal Code

The provisions regarding minorities in the new Romanian Criminal Code represent, as acknowledged in the Explanatory Memorandum itself, one of the central aspects of the reform sought through this legislation. Certain aspects in this area do indeed represent an innovative approach, as the new Code incorporates many foreign regulations; however, many of the provisions from the current Criminal Code have also been retained.

On the one hand, while the first draft of the Penal Code proposed lowering the age of criminal responsibility to 13, the final version, published in the Official Gazette, makes no changes to the current regulation.

On the other hand, however, major changes have been made to the sanctions regime applicable to minors, an area in which there was a clear intention to replace punishments with educational measures. Furthermore, these educational measures differ from those regulated by the current Criminal Code. Significant changes also appear regarding multiple offenses and the statute of limitations for criminal liability and the enforcement of educational measures.

Keywords: New Criminal Code, minors, punishment, educational measures, statute of limitations for criminal liability, statute of limitations for the enforcement of educational measures.