THE ENFORCEMENT OF EDUCATIONAL MEASURES WITHOUT DEPRIVATION OF LIBERTY. DIFFICULTIES ENCOUNTERED IN PRACTICE

• Main Author: Gabriela-Nicoleta CHIHAIA
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2015-07-01
• Series: Challenges of the Knowledge Society
• Subjects: non-custodial educational measures; juvenile prosecution; enforcement; Judge; Probation Service.
• Online Access: http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=01_criminal_law%2F&download=CKS+2015_criminal_law_art.002.pdf

Since it’s entry into force in February 2014, the new criminal legislation has brought many new institutions in the field of criminal procedure. One of the most important changes is found in the matter of sanctioning of minors, which, as of this date, cannot receive imprisonment, but only educational measure, custodial or non-custodial. This article focuses on the first category of educational measures applicable to minors that purpotrate a crime, the ones that do not require a deprivation of personal freedoms under Art. 115 para. 1 pt. 1 of the Criminal Code, namely: civic training course, supervision, home arrest on weekends and daily assistance and everything needed in enforcing them. The study aims to highlight, on the one hand, how the procedural enforcement of non-custodial educational measures that are applied to minors is achieved, and on the other hand, the institutions involved in this activity, namely the judge and the Probation Service. We present the method of execution, and the modification of obligations which minors must comply during non-custodial educational measures, mainly aimed at forming a spirit of responsibility and respect for the rights and freedoms of others to juvenile offenders . In the last part, the study presents the difficulties that courts faced in the first year after the entry into force of these laws, in particular the situation in which the non-custodial educational measures could not be enforced by the court in cases in which the court was not liable. A special mention is given on the exact timing at which the execution of non-custodial educational measures commences, also presenting the disparities in legislation, which led to different solutions in the practice of courts. In light of these difficulties, the study tries to identify possible solutions, including the amendment of legislation, formulating proposals for new laws in this regard.