The research focuses on the rules issued for limitations to personal freedom (temporary precautionary measures and precautionary measures) with reference to the juvenile criminal process. Specific measures and specific rules have been set forth for the juvenile offender; in addition, the rules set forth for the adults by the Code of Criminal Procedure are recalled upon and shall be abided by, if applicable to the juvenile criminal process, with reference to any matter is not provided for. Two general principles remain: first, the application of the rules set by the Code is always a faculty; second, it’s necessary to protect the juvenile offender’s personality. Such a kind of legislation originated the idea that the juvenile criminal process must have a pedagogic target: the several references to the “educative need of the child”, set by the rules for juvenile criminal process, have allowed such a conclusion.
