Abstract:

Education is the key to success for formation of prosperous generations. The saying holds true regardless of whether the educated are in conflict with the law or not. In most cases minors commit crimes, either because they are influenced by the environment or out of lack of knowledge. Both situations suppose the need for the intervention of public authorities to improve the situation through minor-friendly means of justice that are appropriate for intellectual development, age and concentration of attention, all of this being part of the preliminary process of the sentencing of the minor. The context in which the effort of the public authorities both from the Republic of Moldova and from the European Union states is to reduce the influence of the criminal subculture through education, social and psychological assistance necessary for the reintegration of minors.

Coercive measures with an educational character represent the sub-institution of criminal law, being part of the institution - safety measures. The purpose of which is to remove a danger and prevent the commission of the acts provided by the criminal law. Coercive measures with an educational character are aimed at the minor and consist of: warning; entrusting it for supervision to the parents, the persons who replace them or the specialized state bodies; the obligation to repair the damages caused; to follow a course of psychological rehabilitation or compulsory education, or to participate in a probationary program.
Thus, we propose a bi-aspectual approach to coercive measures with an educational character, to establish the effectiveness of the national legal framework, but also to ensure that its implementation corresponds to the good practices of other states.

To develop the study, use will be made of: the national legal framework, international normative acts in the field; of the method of selective interviewing of employees responsible for the field of education of the Probation Service; allied documentation from personal files of persons subject to the probation process; the investigation of the criminal and executive criminal doctrine; the statistical method, historical and logical-legal method, methods of persuasion, exercises and assessment etc.

Coercive measures with an educational character have a dual nature - legal and educational-pedagogical.The educational-pedagogical component is inherent in the approach to minors in the context of their rehabilitation and reintegration. Probation programs have a special role in the category of coercive measures with an educational character.

As a determining premise of the conclusion, we start from the idea that coercive measures of an educational nature in the Republic of Moldova are a component of criminal law sanctions, which do not imply criminal punishment but are their alternative. Thus, the application of coercive measures with an educational character are determined by several factors, but its effectiveness at the current stage of society's development is determined by public policies regarding the protection of minors in conflict with the law. The conclusions of the research are summarized in the establishment of the degree of efficiency of coercive measures with an educational character, viewed from the perspective of the fullness of legal-penal norms and the applicative aspect (the efficiency of the educational-pedagogical component).

Keywords:

Minor, education, probation program, rehabilitation, education.