PROTECȚIA PENALĂ A MINORULUI: DEFICIENȚE LEGISLATIVE ȘI CONTROVERSE JURISPRUDENȚIALE

Abstract

Examining the provisions of the criminal law and judicial practice in criminal matters demonstrates that the protection of minors is not always effective. In this article, the following legislative deficiencies and jurisprudential controversies that negatively affect the criminal protection of minors are analysed: 1) failure to take into account in the case of certain manifestations of domestic violence the quality of the minor as a victim of the crime; 2) the absence of norms that would provide for liability for ill-treatment of minors and nonsexual harassment of minors; 3) the absence in article 782 of the Contravention Code of a provision that would ensure the aggravation of liability if the victim is a minor; 4) the nonunitary practice of applying liability in the case where, as a result of the influence of the adult perpetrator on a minor, the crime is committed by the minor, together with the adult perpetrator. Effective solutions are proposed in the article in order to overcome the legislative deficiencies and jurisprudential controversies that have been reported.