Un conflict între regimuri sancționatorii – săvârșirea mai multor infracțiuni la diferite vârste și grade de maturitate

A sui-generis form of the multiple juvenile offenses is represented by the situation in which some of the offenses are committed as a juvenile and the other part of the offenses after the age of majority. In order to be able to conciliate the application of two distinct sets of criminal sanctions, namely educational measures and penalties, the legislator had to create an algorithm to resolve this material conflict of criminal systems and rules. Firstly, this article aims to analyze the characteristics and problems raised by the provisions of the current Criminal Code regulating these situations. Therefore, some references will be made to the forms of plurality in relation to those regulated in the domestic legislation, in order to make an overview of the rules that govern the sanctioning system of this multiple of offenses, together with the decisions of the Constitutional Court and the recent legislative amendments in this area through Law no. 200/2023. In the second part of the study, based on the analysis of European systems of juvenile criminal justice, we will reflect on the advantages and disadvantages of extending de lege ferenda the principle of the unique educational measure, regulated in art. 129 para. (1) of the Criminal Code, to young adults.