Brief considerations regarding the preventive measures applied to children

Abstract

The New Code of Criminal Procedure regulates in a distinct manner the content of Article 243 regarding special conditions for the application of preventive measures for children in in criminal proceedings. Thus, it is expressly provided that preventive measures may be ordered in case of children who are suspects or accused persons in criminal proceedings in the cases and conditions provided by law for adults, but with certain derogations which are of a nature, at least theoretically, to ensure an additional protection. In the following, we will analyse in detail the conditions under which preventive measures can be ordered in the case of children both by reference to national legislation and to the international texts that provide a series of procedural guarantees for this category, considered ab initio more vulnerable. Last but not least, we will analyse the case-law of the European Court of Human Rights in this matter and we will conclude punctually with our proposals of lege ferenda.