The Architecture of Restorative Justice – A Comparative Analysis between the “Messa Alla Prova” Procedure (Italy) and Non-Custodial Educational Measures (Romania)

Abstract

This paper examines the dimensions of restorative justice within the Romanian and Italian
criminal law systems, analyzing how both the Italian institution of messa alla prova and the
non-custodial educational measures under Romanian criminal law aim at social reconciliation
and the rehabilitation of juvenile offenders outside the prison environment. Both are
philosophically grounded in the ideas of Cesare Beccaria, according to whom the
improvement of education represents the most effective method of combating criminal
behavior. The comparison highlights the way in which contemporary justice reconfigures the
relationship between authority, the individual, and the primary social unit (the family).
In a distinct yet convergent manner in terms of purpose, Romanian criminal law doctrine
grounds non-custodial educational measures in the concept of pedagogical coercion. This
perspective on sanctioning juveniles goes beyond the classical logic of punishment, defining
non-custodial educational measures as instruments through which the state intervenes not to
punish the act, but to correct the minor’s antisocial behavior. These measures are regarded as
a pedagogical alternative to punishment, aiming to address the causes of deviant behavior
through education, support, and supervision.
At the core of both approaches, it can be observed that justice in both states is evolving
toward a model of restorative justice, in accordance with Directive 2012/29/EU of 25 October
2012 and also in line with United Nations Economic and Social Council Resolution 2002/12.
Both systems confirm that true prevention lies in society’s ability to replace repression with a
formative process, supporting the idea that legal responsibility becomes more effective when
reinforced by moral and educational acknowledgment.