CRIMINAL LIABILITY OF THE MINOR. AN ANALYSIS OF THE CURRENT REGULATION IN THE LIGHT OF INTERNATIONAL RULES FOR SANCTIONING JUVENILE OFFENDERS. THE EFFECTIVENESS OF THE MEASURES FROM THE PERSPECTIVE OF JUDICIAL PRACTICE

Abstract

This article aims to highlight the most appropriate way of sanctioning criminally responsible minors. Recent research, on which we will focus, has shown that the family and social environment determines a behavioral imprint in the minor’s upbringing, which can lead to both prosocial behavior and some deviant attitudes. Affirming the same idea, international regulations have taken up these conclusions and stated proposals for regulations to place juvenile offenders in an environment that will ensure a beneficial reorientation of their behavior. This is why, from the Beijing Rules to the Havana Rules, educational measures have been proposed as measures for punishing juvenile offenders, with a predominantly educational and secondary, punitive role. Adopting the same line of regulation, the current Criminal Code has created a new system of sanctioning juvenile offenders, involving only educational measures. We will reflect on this method of sanctioning, highlighting both the positive aspects of the present regulation and reflecting on the aspects that need improvement.