Reassessing Juvenile Sanctions in Romania (2014– 2024): Educational Detention vs. Non-Custodial Packages. Insights Into European Practices and Policy Recommendations

Abstract

This study critically examines the effectiveness of sanctions applied to minors in Romania between 2014 and 2024, focusing on the comparison between educational detention and non-custodial measures for young people aged 14 to 17 convicted of non-violent property crimes. Against the backdrop of rising property crime rates and expanding community supervision across the European Union, the study investigates whether cognitive-behavioral and restorative interventions—delivered through legitimate, community-based practices—are more effective in reducing recidivism than short-term incarceration for first or low-risk offenders. Employing a multidisciplinary approach, the research integrates doctrinal analysis of the Romanian Criminal Code (Title V), enforcement laws, and European/International standards, comparing Romanian practices with those in Germany, the Netherlands, and Norway. The paper emphasizes the need to reconsider the logic that differentiates offenses warranting imprisonment from those suitable for alternative sanctions, advocating for broader consideration of essential social values and the social implications of criminal policy. Ultimately, the research advocates for a youth justice system in Romania centered on rehabilitation, education, and fairness, guided by evidence-based policy and European best practices.