REGIMUL JURIDIC AL MÃSURILOR EDUCATIVE NEPRIVATIVE DE LIBERTATE ÎN LUMINA NOULUI COD PENAL

In case of the minors aged between 14 and 18 years old, who are liable from the criminal point of view, the presumption according to which their judgment has not reached its maturation, but is in full process of development and stabilization is instituted. In view of these circumstances, minors under this category of age do not have the psycho-physical ability to fully become aware of the gravity of the perpetrated crimes and, especially, their injurious consequences on the social values protected by means of criminal regulations. Given this context, the author claims that the new Criminal Code excludes the possibility of enforcing punishments in case of under aged criminals and establishes a specific system of criminal penalties, entitled educational measures, classified into two categories: educational measures without deprivation of liberty and educational measures with deprivation of liberty.