CRIMINAL LIABILITY OF THE MINORS: ASPECTS OF CHRONOLOGICAL, COGNITIVE AND PSYCHOSOCIAL IMMATURITY

Cristina PANFIL Universitatea de Stat din Moldova

Abstract

The purpose of this article consists in the detailed explanation of the concept of criminal responsibility of the minors by means of several disciplines (law, psychology, sociology, psychiatry) concerning aspects of chronological, cognitive and psychological and social immaturity. The problem of responsibility was treated through the categories of ‘competence’, ‘autonomy’ and ‘capacity’. During the process of investigation, author performed a rigorous breakdown of the foreign sources of modern doctrine, as a result, there were synthesized the most prominent points of view and outcomes of investigations in the domain of criminal liability of the minors. More than it, there was effectuated the examination of standards applied in the judicial practice of the foreign states, as well as of legal norms form their penal legislation. As a result, there were formulated some conclusions able to be implemented in the penal doctrine of the Republic of Moldova and in the national judicial practice. Keywords: responsibility, mental capacity, irresponsibility, mental incapacity, competence, autonomy of person, capacity of decision-making, psycho-social immaturity, cognitive immaturity, chronological immaturity age of criminal liability.