SCURTE CONSIDERAŢII REFERITOARE LA CALCULUL MĂSURILOR EDUCATIVE NEPRIVATIVE DE LIBERTATE
BRIEF REFLECTIONS ABOUT THE CALCULATION OF NON-CUSTODIAL EDUCATIONAL MEASURES

Summary/Abstract: This article deals with issues related to the implementation of non-custodial educational measures, with reference to their starting point. After the entry into force of the New Criminal Code and the Code of Criminal Procedure, the provisions of criminal sanctions applicable to minors have been regulated differently, as there are no similar institutions in the previous codes. In terms of implementation of non-custodial educational measures, in the absence of express provisions to this effect, several moments have emerged in practice, from which their commencement is calculated: the date of finality of the court decision, from the date of execution according to art. 511 of the Code of Criminal Procedure, or from the date of presentation of the minor to the probation service, at the first meeting. These different solutions have generated a critical analysis for each of them, with arguments of legal interpretation, exposing my point of view in relation to the solution that I consider the most correct, finally including a proposal for unitary practice or modification of the text. by law, with the concrete specification of the moment from which the non-custodial educational measures are calculated.

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