The Role of Educational Measures for Juvenile Offenders in Forensic Psychiatry
Keywords:Psychiatric forensic expertise, minor, judicial files, educational measures.
AbstractThe New Penal Code (NPC) of Romania gave up on punishing minor offenders, in favor of educational measures. Thus, the minor following a final conviction, will not be subjected to the prohibitions, detentions or incapacity attributable to the penalties applicable to major offenders. Thus, the emphasis is moved from punishment, to prevention, re-education and social reinsertion. The New Penal Code delimits from the previous one, the institution of the educational measures depriving of liberty from that of non-custodial educational measures. Psychiatric forensic expertise of the minor plays a key role in the court decision, through its conclusions regarding the existence of discernment at the time of committing the act. In the case of determining the presence of discernment at the time of committing the act, the psychiatric forensic board will also make recommendations on the educational measure that should be instituted. In the recommendations made, the board considers both personality deficiencies and social etiology, dissociating the meaning of behavior from the social situation in which the subject of law is. Thus, the recommendations made by the board of psychiatric forensic expertise are the result of a thorough analysis of the minor's psychic state, the nature of the committed act, corroborated with the concrete circumstances of committing it, with the opportunity to appreciate critically the act because of the education received and with the influences of the environment. In addition, in recommending educational measures, the board also takes into consideration the family support that the minor benefits or not, essential support in his social reintegration.
Antoniu, G., et al. (2012). Explicatii preliminare ale noului Cod penal. Bucharest: Universul Juridic.
Brown, S. (2005). Understanding Youth and Crime. London: Open University Press.
Bulgaru-Iliescu, D., Oprea, L., Costea, G., Gheorghiu, V., Enache, A., Astarastoae, V. (2013). Forensic Psychiatric Expertise - Interdisciplinary Approach. Bucharest: Timpul Publishing House.
Ciobanu, P. (2016). The new criminal code. Code of Criminal Procedure. Bucharest: Rosetti Publishing House.
Cioclei, V. (2011). Manual of Criminology. Bucharest: Beck Publishing House.
Iov, C.J., Diaconu, B., Hnatiuc, M. (2016). Smart communication with LabView, Proceedings Volume 10010, Advanced Topics in Optoelectronics, Microelectronics, and Nanotechnologies VIII; 100100T. https://doi.org/10.1117/12.2243013
Hnatiuc, M., Iov, C.J. (2015). Pre-layout AC decoupling analysis with Mentor Graphics HyperLynx, in Proceedings of ATOM 2014, Constanta, August 21st - 24th, Romania - Proc. SPIE 9258, Advanced Topics in Optoelectronics, Microelectronics, and Nanotechnologies VII, 92582I (February 21, 2015); https://doi.org/10.1117/12.2070349
Hnatiuc, M., Iov, C.J. (2014). Cooling with Mentor Graphics HyperLynx Thermal, in Proceedings of the 2014 IEEE 20th International Symposium for Design and Technology in Electronic Packaging (SIITME), Bucharest, October 23rd-26th.
Dongoroz, V. (1973). Explicatii teoretice ale Codului penal roman. Bucharest: Ed. All Beck.
Gheorghiu, V. (2002). Methodological Letter on conducting psycho-legal forensic expertise. Retrieved from I.N.M.L. Mina Minovici, Bucharest, Laboratory of Legal Legal Expertise.
Mitrache, C., Mitrache, C. (2014). Romanian criminal law. General. Bucharest: Universul Juridic Publishing House.
Sandu, A., Damian, I.S. (2012). Applying Appreciative Inquiry Principles in the Restorative Justice Field. Postmodern Openings, 3(2), 37-52.
Stanoiu, R.M. (2011). Criminology. Bucharest: Oscar Print Publishing House.
Udroiu, M., Constantinescu, V. (2014). The new criminal code Previous criminal code. Bucharest: Hamangiu Publishing House.
How to Cite
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant this journalright of first publication, with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work, with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g. post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g. in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as an earlier and greater citation of published work (See The Effect of Open Access).
Revista Romaneasca pentru Educatie Multidimensionala Journal has an Attribution-NonCommercial-NoDerivs