THE IMPORTANCE AND THE ROLE OF THE EDUCATIONAL COERCIVE MEASURES

Augustina BOLOCAN-HOLBAN, Maria STRULEA Universitatea de Stat din Moldova

Аннотация

Each time when it is necessary to decide regarding the criminal liability applied toward the minor (juvenile), it is important to analyze very thoroughly and multilateral the circumstances of the case and the influence of criminal punishment on minor’s behavior, because the purpose of criminal punishment could be achieved also by applying other coercive measures which do not imply restrictions that criminal punishment does and there is no negative emotional or psychological impact over the minor. Educational coercive measures are not criminal punishments and are aimed at eliminating a danger and at preventing the commission of acts set forth in criminal law, representing a legal alternative within restorative justice system and must be applied in each possible situation. 

Keywords: minor, criminal liability, criminal punishment, educational coercive measures, pre-sentence report, probation, probation program, psycho-social program.