Consideraţii Cu Privire La Regimul Juridic Al Minorului Subiect Activ Al Infracţiunii

This article deals with the protection of the child who has committed a criminal offense and who doesn’t have criminal responsibility. According to Article 99 paragraph 1 Penal Code, the juvenile who has not attained the age of 14 years is not criminally responsible. Legislature established as an absolute presumption lacks discernment regarding this category of children. Educational measures, covered by criminal law, will be applied to the minor for criminal charge, or, if the social danger of the crime committed is considerable, even a sentence, the situation being totally different if the minor is not criminally responsible. This category of children, in the impossibility of any measure applicable criminal law, will benefit from the regulations of Law no. 272/2004, which in Article 80 provides that the child committed an offense under the criminal law and not criminally responsible, on a proposal from the General Directorate of Social Assistance and Child Protection in whose territorial - administrative unit of the child, the Commission Child Protection when there is parental consent or other legal representative or the court, where agreement is lacking, take one of the measures under Article 55 of the same law, meaning placement or specialized supervision.