Principiul măsurii educative unice – sistemul sancționator al pluralității de infracțiuni comise de un minor

Representing one of the evolving areas of criminal law, juvenile justice is changing the spirit of all the regulations towards a vision essentially focused on the overall personality of the juvenile offender. In this respect, the multiple offences and the related sanctioning system have been adapted to such a philosophy, embodied, inter alia, in the sanctioning system of the unique educational measure, which is also regulated in our law by the provision of article 129, paragraph 1, of the Criminal Code. This article wishes to emphasize that, with the configuration of such a particularity, difficulties arise in understanding the need for such a distinct sanctioning system from the one applicable to adults, in establishing in a predictable and precise manner the forms of the multiple offences existing in the case of juveniles and in individualizing the resultant sanction in a flexible and proportionate manner. Finally, the article raises some problematic issues regarding the cases of reindividualization of the resultant unique educational measure, as well as some incongruities between the conditions stipulated by the legislator for the imposition of a custodial educational measure and the conditions of the procedural solution of waiver of prosecution.