Juvenile criminal liability in the Republic of Moldova: mitigated regime and educational orientation

URL: https://dspace.academy.police.md/juvenile-criminal-liability-in-the-republic-of-moldova-mitigated-regime-and-educational-orientation/

Data: 2026

The article analyzes the legal regime of criminal liability for minors in the criminal law of the Republic of Moldova, highlighting its distinct character compared to that applicable to adults. This form of liability is based on the need to protect the developing person and on the recognition of their reduced level of psychological and social maturity. Consequently, the sanctioning system applicable to minors is characterized by limitation (in terms of age and incrimination), strong individualization, differentiation (educational measures and punishments), and humanization (reduced punishments, educational measures); it is primarily educational rather than repressive in orientation. An essential element is the age of criminal responsibility, which determines the applicability of criminal norms and reflects the minor’s reduced capacity for discernment. Likewise, the purpose of criminal liability is predominantly educational and oriented toward social reintegration, in contrast to the repressive and retributive character specific to adults. In this context, the limitation of categories of punishments applicable to minors and the substantial reduction of sentencing limits are noteworthy. The individualization of the sanction gains increased importance, being adapted to the age and personality characteristics of the minor, and the execution of punishments pursues the same educational goals. A central element of the criminal regime for minors is the possibility of applying educational coercive measures, either as an alternative to punishment or as a substitute for criminal liability, depending on the gravity of the act and the minor’s personality. Overall, juvenile criminal liability constitutes an autonomous institution, based on the principle of proportionality and primarily oriented toward prevention and social reintegration.