The judgment procedure in cases involving minor offenders. Publicity of the hearing in the case of a minor defendant who came of age upon seizing the court

DREPT PENAL ȘI DREPT PROCESUAL PENAL

Abstract

According to art. 509 para. (2) of the Code of Criminal Procedure, in cases involving minor defendants, the hearing session is not public, however, these provisions regarding the judgment of cases involving minor offenders shall apply under the circumstances imposed by the provisions of art. 507 para. (3) of the Code of Criminal Procedure, respectively in the case in which the defendant who committed the offence when he was minor has not come of age upon seizing the court with the respective case. If the defendant has not come of age yet when he was sued, he shall be sued according to the usual procedure, even if he committed the offense when he was minor, and this last aspect has been considered upon application of penalties (if the legal requirements to hold him criminally responsible are met). The rule in the criminal proceedings is represented by the publicity of the hearing, and exceptions shall be strictly provided for by law. The “constitutional” principle of the publicity of the hearing, provided for in art. 6 para. 1 of the European Convention, as well as in art. 12 of Law no. 304/2004 concerning judicial organization, is governed in the criminal procedural matter, in art. 352 para. (1) sentence I of the Code of Criminal Procedure. The non-observance of this “mandatory” principle shall be sanctioned with absolute nullity, which is found ex officio or upon request and may be invoked in any stage of the trial, according to art. 281 para. (1) letter c), para. (2) and (3) of the Code of Criminal Procedure.