Restorative Justice Architecture – Comparative Analysis between the “Messa Alla Prova” Procedure (Italy) and Non-Custodial Educational Measures (Romania)
Abstract
Abstract - Beyond Punishment
The paper examines the valences of restorative justice in the Romanian and Italian criminal law systems, analyzing how both the Italian institution - messa alla prova - and the non-custodial educational measures - in Romanian criminal law aim at social reconciliation and rehabilitation of the minor individual outside the prison space. Both have as their philosophical foundation the idea of Cesare Beccaria, according to which improving education is the most efficient method of fighting against the criminal phenomenon. The comparison shows how contemporary justice reconfigures the relationship between authority, the individual and the primary social cell (the family).
Distinctly, but convergently in purpose, Romanian criminal doctrine bases non-custodial educational measures on the concept of pedagogical coercion. This way of seeing the sanctioning of minors goes beyond the logic of the sanction in the classical sense, defining non-custodial educational measures as instruments through which the state intervenes not to punish the act but to correct the antisocial behavior of the minor. Non-custodial educational measures are seen as a pedagogical substitute for punishment, having the role of removing deviant causes through education, assistance and supervision.
In the essence of the two methods, it is observed that justice in both states is evolving towards a mode of restorative justice according to EU Directive 29/2012/25.10.2012 and also in accordance with Resolution 2002/12 of the Economic and Social Council of the United Nations. Both states confirm that true prevention lies in society's ability to replace repression with a formative process, affirming the idea that legal responsibility becomes more effective when it is supported by moral and educational recognition.
References
Mitrache, C., & Mitrache, C. (2023). Romanian criminal law - General part, Universul Juridic.
Coca-Cozma, M., (coord.), Craciunescu, C, -M, & Lefterache, L. V. (Eds.), Juvenile justice – Introduction, The Legal Universe.
Beccaria, C. (2007). Dei delitti e delle pene – Education. Humanitas Publishing House.
Law No. 272 of 21 June 2004 on the protection and promotion of children's rights. (2004). Official Gazette of Romania, Part I, No. 557.
European Parliament & Council of the European Union. (2016). Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. Official Journal of the European Union, L 132, 1–20.
Carcano, D. (Ed.). (2012, May). Cassazione penale, LII (5). https://www.ubiminor.org/images/Il_trattamento_dei_minori_sottoposti_a_messa_alla_prova.pdf
Gruppo di lavoro del Tribunale dei minori Milano. (2012, May). Il trattamento dei minori sottoposti a messa alla prova: Griglia per i servizi psico-sociali [Treatment of minors subject to probation: A grid for psychosocial services]. Cassazione penale, LII (5). https://www.ubiminor.org/images/Il_trattamento_dei_minori_sottoposti_a_messa_alla_prova.pdf
Downloads
Published
Issue
Section
License
Copyright (c) 2026 EIRP Proceedings
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material
- for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
-
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
