THE EXEMPTION OF MINORS FROM CRIMINAL LIABILITY AND RELEASE FROM PUNISHMENT UNDER THE CRIMINAL LEGISLATION OF THE REPUBLIC OF MOLDOVA: A COMPARATIVE ANALYSIS WITH ROMANIAN CRIMINAL LAW

Abstract

This article examines exemption from criminal liability under Article 54 of the Criminal Code of the Republic of Moldova and release from punishment of juveniles under Article 93 of the Criminal Code of the Republic of Moldova, in conjunction with the application of educational coercive measures prescribed by Article 104 of the same Code. Drawing upon the legislation in force, international standards, and a comparison with the Romanian Criminal Code, the study identifies several dysfunctions, including divergent assessment criteria, inconsistencies concerning the relevant age threshold, the limitation of educational measures until the age of majority, the absence of a statutory definition of systematic evasion, and insufficient official interpretation. Particular attention is devoted to persons who committed an offence as juveniles but attained the age of majority before the release decision was examined; for this category, the article proposes a methodology for application de lege lata. Drawing on the Romanian model, which provides for fixed durations of the measures, a graduated system of sanctions for non-compliance in bad faith, as stipulated in Article 123 of the Romanian Criminal Code, and the continued application of the juvenile regime after the attainment of the age of majority, as provided for in Article 134 of the same Code, proposals for de lege ferenda are formulated.