Academic journal article Economics, Management and Financial Markets

The Legal Regulation of Educational Measures Involving the Deprivation of Liberty

Academic journal article Economics, Management and Financial Markets

The Legal Regulation of Educational Measures Involving the Deprivation of Liberty

Article excerpt

1.General Considerations

The legislator deemed useful and necessary, if the non-custodial educational measures are insufficient for the correction and recovery of the minor, to order also custodial educational measures, depending on their severity in accordance with the provisions of article 115, para. (1) section. (2), Criminal Code, as applicable:

a) confinement in an educational centre;

b) confinement in a detention centre.

Regarding the duration of the execution of custodial educational measures, it is calculated from the day the offender has begun the enforcement of the final and irrevocable sentence of conviction. If during the execution of the custodial educational measure, the sentenced person is ill and hospitalized in a hospital, this period too enters within the execution time, unless he has knowingly caused the disease, fact established by the competent bodies during the execution of the custodial educational measure.

Also in the situation where a person has undergone a preventive measure of deprivation of liberty, it is diminished from the duration of the custodial educational sentence pronounced by the Court. This diminishment occurs when the offender has been prosecuted or judged at the same time or separately for several concurrent crimes, even if a custodial measure had been applied for an act other than that which determined the order of preventive measure.

Custodial educational measures too may be the subject of a pardon, if it appears that the minor release can facilitate the completion of his education and reintegration into society.

If the minor evades the execution of an educational measure of deprivation of liberty by illegally leaving the education or detention centre or through failure after the period in which he was legally at liberty (permission, etc.), this constitutes the offense provided by art. 288, para. (2) Criminal Code, by the non-enforcement of criminal sanctions.

2.Confinement in an Educational Centre

The confinement in an educational centre is regulated by art. 124, paragraph (1) of the Criminal Code. By analyzing the text, it can be seen that this measure can be adjusted either by the its prolongation, or by replacing the educational measure of confinement in a detention centre if the minor, during the confinement, commits a new crime or is judged for a concurrent crime previously committed (Brutaru, 2012: 214).

Per a contrario, when the minor has had an appropriate conduct, showing constant interest to acquire school and professional knowledge, making obvious progress in social reintegration, after serving at least half the length of confinement, the Court can, where appropriate, replace the educational measure of confinement with the educational measure of daily assistance for a period equal to the duration of unexecuted confinement, but no more than 6 months if the confined person hasn't reached the age of 18 or the release from the educational centre, if the confined person has reached the age of 18 years. This situation on replacing the confinement in an educational centre is disposed by the educational Council under article 179 of Law no. 254/2013, which is constituted by the Judge of surveillance of the deprivation of liberty at the educational centre, as President, and a probation counselor from the Probation Service attached to the Court where the centre is; that centre establishes whether the child fulfilled the above mentioned conditions and made progress in social reintegration. In this sense, the centre will propose the replacement of the confinement in an educational centre with the educational measure of daily assistance. This proposal will be inserted in a reasoned minutes where documents proving the Council conclusions are recorded, and then they are submitted to the Court of law in the jurisdiction of which the educational centre concerned is.

Simultaneously with the replacement or the release, the Court orders the compliance with one or more of the obligations relating to the conduct and education of the minor referred to in art. …

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