Preventive Arrest of Minors: Regulation, ECHR Jurisprudence and Applicability in Romanian Criminal Law

Abstract: The special situation of children and minors, including those who commit crimes, requires not only distinct legal provisions but also the consistent pursuit of the best interests of the child when they come into contact with the criminal justice system. In this regard, the legal provisions of the Romanian criminal procedure law contain provisions which, although not detailed and requiring corroboration with other provisions, enshrine and guarantee that the preventive detention of minors is exceptional and may only be ordered when no less severe preventive measure is not appropriate in the case in question. Romanian case law has repeatedly emphasized this aspect, both in relation to preventive detention and the application of educational measures involving deprivation of liberty as criminal penalties. This study emphasizes the importance of applying these principles consistently in practice to ensure that the rights of minors are protected within the criminal justice system. Keywords: Preventive Detention, Minor, Exception, Best Interests of the Child