Particular circumstances concerning the plurality of offences in the case of minors and the rules for extending or replacing educational measures

Abstract

The main goal of this study is to analyse some particular cases concerning the legal regulation of multiple offences in the case of minors. By analysing both the Criminal Code and the relevant case law we found that there are significant issues in this field, as the relevant legal provisions are fundamentally different from those concerning adults. We find that there are situations where the issues can be solved by systematic interpretation, situations where interpretation must fill voids in the legislation and situations in which legislative mismatches create unequitable results, that must be identified. Also, the system of replacement or extension of educational measures, by itself, raises certain issues that we believe deserve attention.

After some (very) succinct briefing on the theoretical background, we will analyse, one by one, some situations which could raise problems concerning plurality of offences in the case of minors and we will try to propose reasonable solutions to them, supported by current law.