Abstract

The publication discusses the institution of educational measures as an alternative form of response to a petty offence. Having pointed out the fact that the current provision is out of compliance with the constitutional principle nulla poena sine lege the author opts for a narrow interpretation of Art 41 of the Misdemeanour Code. Without negating the need for its continuation he postulates that a new form be given to this institution corresponding with the guarantee principles of substantive misdemeanour law.