ASPECTE PROBLEMATICE DE PROCEDURĂ ÎN CAUZE PENALE CU IMPLICAREA MINORILOR

Abstract

The main idea promoted by this article is that the minority and the way of prosecuting and judging minor criminals require special procedures aimed at ensuring more procedural guarantees, which prove their effectiveness by combining the repressive side with the educational side of the criminal process. The "legal representative of the minor" as well as the "psychologist/pedagogue" are part of the multitude of institutions that ensure the minor's right to a fair trial. Ensuring the participation of these judicial actors in the criminal process with the involvement of minors comes to ensure a safe and friendly environment for the child in conflict with the law. Also, their effective participation in the criminal process ensures the legality of the process itself, so that the procedural actions carried out with regard to minors by the judicial bodies are valid and avoid the sanction of nullity.