Regime of the custodial educational measures. Deducing the already executed period from the sentencing to an educational centre

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

According to Article 186 para. (1) of the Criminal Code, „the day counts for 24 hours when calculating the time period”. Given that the new offense was committed by the minor defendant by 24.00 on the last day of the appeal of the decision for sanctioning the minor for a previous offense, the nature of plurality of offenses shall be the concurrence of serval offenses in one action, and not the intermediary plurality. The text of Article 124 para. (3) of the Criminal Code does not include any provision similar to Article 125 para. (3) the final sentence of the Criminal Code, however, this does not mean that it shall not be deducted from the educational measure of sentencing to an educational centre maintained, the duration of which was extended for committing a plurality of offenses, the already executed period until the delivery of the judgment provided for under Article 124 para. (3) of the Criminal Code, on the contrary, this period should be computed based on the duration of the educational measure. The sentencing to an educational centre is a measure involving deprivation of liberty and, following the application of the mechanism set forth by Article 124 para. (3) of the Criminal Code, the educational measure, as extended, shall represent a unique sanction for committing the plurality of offences, and the duration of its execution shall be counted, according to Article 127 with reference to Article 71 para. (1) and (2) of the Criminal Code, from the day on which the execution of the educational measure involving deprivation of liberty begins. Moreover, if the duration of the educational measure of sentencing to a detention centre is added, and not deducted, as extended according to Article 124 para. (3) of the Criminal Code, the already executed period prior to the delivery of the judgment for the entire plurality of offenses, the minor may come to execute an educational measure above the maximum limit prescribed by Article 124 para. (1) of the Criminal Code, which is inadmissible and contradicts the principle of lawfulness of the penalties of criminal law, enshrined by Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and by Article 2 of the Criminal Code.