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project info
Start date: 1 May 2020
End date: 30 April 2023
funding
Fund: European Social Fund (ESF)
Total budget: 1 176 088,50 €
EU contribution: 999 675,20 € (85%)
programme
Programming period: 2014-2020
Managing authority: Ministerul Fondurilor Europene
European Commission Topic

The future is built on today’s decisions!

In RO there are (with an annual average, constant in recent years), about 4000 children who have received an alternative sanction with the prison due to the fact that they are not criminally liable for their deeds or the legislator chooses a sanction other than institutionalisation. They receive an alternative sanction, e.g. surveillance. The prevention policy and the objectives of juvenile justice, in relation to the age criterion, outline two different legal ways of addressing children’s liability in front of criminal law: one that refers directly to the category of children aged between 0-14 years considered with absolute inability to criminal liability and another one that provides for the onset of criminal liability from the age of 14 years, the age of 14-18 is also fragmented in two stages, some of them remaining with a limited criminal liability capacity. For most of those who are not criminally responsible and who are established a non-custodial sanction of freedom such as surveillance, is a last chance granted. They are oriented to DGASPC, which is responsible for providing an intervention plan and providing services in accordance with the plan drawn up, including counselling services (parental education) provided to parents. Article 35 of Government Decision No 117/1997 provides for the possibility of setting up by authorised private bodies or local public administration authorities the following types of specialised services for the child who commit criminal offences and not criminally liable: — Assistance and support centers for psychological rehabilitation of the child with psycho-social problems; — Services of guidance, supervision and support of the social reintegration of the delinquent child; Re-education centers for the delinquent child; — Medical-educational institutes for the delinquent child. As regards the application of these legal rules in force by the competent institutions, there is a rather non-unitary practice, the consequence of both a vacuum of services in terms of the methodology for investigating cases involving children who commit criminal offences and do not criminally answer, as well as of a lack of coordination of those involved in solving these cases. The supervision consists of the inclusion of the minor in social reintegration programmes, as well as in the provision of assistance and counselling, but as long as there are no services empowered to carry out these activities, surveillance cannot be carried out, which means that this measure is recorded only on paper, without being put into practice in accordance with national legislation, at the standards required for this type of social service. Intervention for cognitive and behavioural restructuring of minors who have committed a criminal offence and who have received a sanction such as surveillance is an intervention measure that gives

Flag of Romania  Maramureş, Romania