The best interests of the child. Court evaluation vs. civil society expectations. Where the child actually stands in multiple offenses cases

• In Event: Sentencing. Between utopia and dystopia Part II

Abstract

The criteria for choosing educational measures, non-custodial and custodial educational measures, are based on the idea that the best interests of the child must be protected even in cases involving multiple offenses. Judges, the minor's family, the minor himself and society may have different perceptions on where the best interest lays.
This special issue is based on the practical experience of the author as lawyer specialised in criminal cases. The author challenges to core theoretical and methodological assumptions underlying our case law.

Author

• Mihail Tofan, Faculty of Law, University of Bucharest