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“Minors’ delinquency: penal, psychological and criminal aspects


Author: Oxana Rotaru
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2007
Scientific adviser: Trofim Carpov
doctor, associate professor (docent), Free International University of Moldova
Institution:

Status

The thesis was presented on the 17 March, 2007
Approved by NCAA on the 14 June, 2007

Abstract

Adobe PDF document – 0.32 Mb / in romanian

Thesis

CZU 343. 915 (478)(043.2)=135,1 R 82

Adobe PDF document 1.07 Mb / in romanian
166 pages

Keywords

minor, minor’s delinquency, penal treatment, penitentiary, imprisonment, internal and external factors, micro and macro environment, non-deprive

Summary

The phenomenon of the minor’s being in conflict with the law became an interesting subject for jurists, social assistants, psychologists and professors from the Republic of Moldova. An acknowledgement for that thing is the fact that the process of reforming minors’ justice is developing during the last years.

By this context, a key role is granted to penitentiary institutions as a method of reeducation and social reinsertion of offender minors. It is obvious that negative consequences of the lack of freedom in adolescence years can not be neglected. That’s why international organizations encourage non imprisonment penalties in minors’ cases (e.g. UND Minimum Standards of minor’s justice administration, UND Rules for imprisoned minors’ protection) which offer to teen-agers the chance to continue studies, to be in contact with their family, to participate in community’s life and to gain social experience.

It should be mentioned that the sentence of freedom deprivation is applied only in case when the objectives of rehabilitation can not be realized in other framework than that of imprisonment. In this case must be taking into account principles of “the last solution” and “the shortest possible time”.

The minor’s delinquency represents an inherent element of any society. According to scientists’ opinion such as A. Kozmovich, M. Kaloshski and P. Tap: the minor’s delinquency is sustained by internal factors like: stress, psychological-communicative particularities; and external ones like: sociological, cultural, economical and educative factors.

Dynamism, curiosity, tendency to assertion and the willingness to approach the world of grown-up persons make adolescents to assert such a values and norms which they consider to be characteristic to independence and maturity. These are transformed in behavior stereotypes characteristic to this age, but can evolve social and even anti -social appearances when the necessary educational conditions are not assured. These conditions shall be offered by the social microenvironment like: family, school or community.