EIRP Proceedings, Vol 12 (2017)

Criminal Liability of Minors in Comparative Law: Special References to Japan and China. Implications

Angelica Staicu

Abstract


Juvenility, as special category of recipients of criminal law, raised the issue of establishing a fair permanent application of criminal sanctions, the choice of categories of penalties, the consequences faced by the child, following the commission of crimes. In this respect, the state laws have adopted various measures of the criminal sanctions (punishments) or, most often, measures that are not in the criminal area (educative measures, disciplinary etc.). But the state department of criminal law subsumes one of the two systems: the classic one, in which prevails the criminal sanctions and the mixed one, which provides for two types of measures - criminal sanctions and other measures for this category of offenders. The Romanian criminal law adopted, in 2014, the educational system of measurements, custodial and non-custodial, that can be applied to juveniles, waiving penalties. This study envisages a comparative approach to the regime applicable to juveniles, not only in the European countries, but also in other countries on other continents (America, Africa, Asia, Australia), with explicit references to the legislation, doctrine and judicial practice in Japan and China, on which the Romanian doctrine knows less. The comparative analysis will be based on relevant scientific studies in foreign legal literature, on the solutions delivered by jurisprudence, all under the regulations on criminal matters. The results of this study mean a better knowledge of the treatment of juveniles in all its criminal relevancy, results that can be used both by academic communities (researchers, teachers, graduates, students, etc.), by practitioners, as well as to anyone interested in the domain, given the movement of people from one country to another, with all the consequences associated by this.

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