Danubius International Conferences, 12th International Conference on European Integration - Realities and Perspectives

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

Angelica Staicu
Last modified: 2017-04-04


Minority, 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 states laws have adopted various measures of the criminal sanction (punishment) or, most often, measures that are not the criminal area (educative measures, disciplinary etc.). But the states 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 minors, waiving penalties. This study envisages a comparative approach to the regime applicable to minors, 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.