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The Role Of Educational Measures For Juvenile Offenders In Forensic Psychiatry

Author

Listed:
  • Simona-Irina DAMIAN

    (Institute of Forensic Medicine, Iasi, Romania; Grigore T. Popa University of Medicine and Pharmacy, Iasi, Romania)

  • Diana BULGARU ILIESCU

    (Institute of Forensic Medicine, Iasi, Romania; Grigore T. Popa University of Medicine and Pharmacy, Iasi, Romania)

  • Ancuta ROHOZNEANU

    (Institute of Forensic Medicine, Iasi, Romania)

  • Alexandru GLODEANU

    (Institute of Forensic Medicine, Iasi, Romania)

  • Madalina DIAC

    (Institute of Forensic Medicine, Iasi, Romania; Grigore T. Popa University of Medicine and Pharmacy, Iasi, Romania)

  • Sofia DAVID

    (Institute of Forensic Medicine, Iasi, Romania; Grigore T. Popa University of Medicine and Pharmacy, Iasi, Romania)

  • Iuliana HUNEA

    (Institute of Forensic Medicine, Iasi, Romania; Grigore T. Popa University of Medicine and Pharmacy, Iasi, Romania)

Abstract

The 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.

Suggested Citation

  • Simona-Irina DAMIAN & Diana BULGARU ILIESCU & Ancuta ROHOZNEANU & Alexandru GLODEANU & Madalina DIAC & Sofia DAVID & Iuliana HUNEA, 2017. "The Role Of Educational Measures For Juvenile Offenders In Forensic Psychiatry," Revista romaneasca pentru educatie multidimensionala - Journal for Multidimensional Education, Editura Lumen, Department of Economics, vol. 9(3), pages 140-155, December.
  • Handle: RePEc:lum:rev1rl:v:9:y:2017:i:3:p:140-155
    DOI: https://doi.org/10.18662/rrem/2017.0903.09
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    References listed on IDEAS

    as
    1. Antonio SANDU & Simona DAMIAN, 2012. "Applying Appreciative Inquiry Principles in the Restorative Justice Field (English version)," Postmodern Openings, Editura Lumen, Department of Economics, vol. 3(2), pages 37-52, June.
    2. Antonio SANDU & Simona DAMIAN, 2012. "Applying Appreciative Inquiry Principles in the Restorative Justice Field (English version)," Postmodern Openings, Editura Lumen, Department of Economics, vol. 10, pages 37-52, June.
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    Citations

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    Cited by:

    1. Elena UNGURU & Antonio SANDU, 2018. "Normative and Institutional Frameworks for the Functioning of Supervision in Social Work," Revista romaneasca pentru educatie multidimensionala - Journal for Multidimensional Education, Editura Lumen, Department of Economics, vol. 10(2), pages 69-87, June.
    2. Š˛ksana Strelchenko & Svitlana Okhrimenko & Dmytro Pavlov, 2020. "The Role of the Institute of Medical Law in the Postmodern Society," Postmodern Openings, Editura Lumen, Department of Economics, vol. 11(3), pages 145-159, October.
    3. Alexandra HUIDU, 2018. "Redefining Autonomy, Dignity and Intimacy in a Postmodern Society," Revista romaneasca pentru educatie multidimensionala - Journal for Multidimensional Education, Editura Lumen, Department of Economics, vol. 10(3), pages 112-118, September.
    4. Elena Unguru, 2019. "The Perception of Social Workers in the N-E Area of Romania on Supervision," Revista romaneasca pentru educatie multidimensionala - Journal for Multidimensional Education, Editura Lumen, Department of Economics, vol. 11(1), pages 224-255, March.
    5. Simona-Irina Damian & Madalina Diac & Tatiana Iov & Iuliana Hunea & Diana Bulgaru Iliescu, 2019. "Particularities of Medical Education in the Field of Forensic Toxicology. Studying Dangerous Chemical Agents in Forensic Research," Revista romaneasca pentru educatie multidimensionala - Journal for Multidimensional Education, Editura Lumen, Department of Economics, vol. 11(4Sup1), pages 337-344, December.
    6. Carmen GEMENE & Elena UNGURU (GAFTON) & Antonio SANDU, 2018. "Sociological Perspectives on the Quality of Life Correlated with the State of Health," Postmodern Openings, Editura Lumen, Department of Economics, vol. 9(3), pages 76-98, September.

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    More about this item

    Keywords

    Psychiatric forensic expertise; minor; judicial files; educational measures.;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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