The community service in Romania. The first community service workshop

• Author: A. Dobrescu - M. Simon
• Position: Department of Social Assistance and Communication, <I>Transilvania</I> University of Bra&#x015f;ov.
• Pages: 157-162

Page 157

1. Introduction

The concept of punishment expiation, under the form of a community service activity by criminally punished individuals, is not an innovation. Although "the community work" in its current formulation, is a modern form of sanction, it is found in the relative long history of the similar sanctions. England and Wales were the first countries that introduced community work in 1972, being followed by Germany, Portugal and France. Also, in the early 90s it was introduced in the Nordic countries such as Finland, Norway, Sweden and Denmark (Penal Reform International, 2002)

The experience of these countries demonstrates that an alternative sanction, particularly community service work enjoys the highest popularity. With this new way of penalty, the offender pays for his crimes, supplying a community work, somehow indemnifying the victim for the damages.

In Eastern Europe, Hungary and Czech Republic were the first countries that have implemented this system, but also other states have followed it including Romania.

Although the penalty ordered to community work is not foreseen as such in the Romanian Criminal Code, there are provisions that enable the court to compel the defendant, major or minor, to the provision of an unpaid work. Thus, in our country, the unpaid work, provided inPage 158Art. 103 of the Penal Code, regulates the educational measure of the supervised freedom as criminal penalties, and it can be applied to the minor who has committed a crime when the court considers that in relation to the degree of the social danger of the committed crime, and according to his physical condition, mental and moral development, by his conduct it is necessary and sufficient for his correction. Likewise, Art. 86 governs the surveillance measures and the obligations of the criminally sanctioned person, through the coming into force of Law no. 140/1996.

As noted above, currently in Romania the community service work is not a punishment in itself determined by the court, but it is an obligation which must be discharged by the person who committed a crime, in case of penalty execution suspension under supervision or in case of educational measure which is applied to juveniles with supervised liberty.

Unpaid work is also an option which the court can resort to, if the offence is less severe as other crimes and the persons who have committed them can compensate for the crimes by performing useful work, in service of the community.

This kind of activity has a physical and also an emotional implication for the delinquent because it is limiting his freedom - but in a minimum way regarding other penalties, and it is requiring discipline and respect in his own conduct.

Unpaid work for the community service is a positive model. The convicted person performs some reparations for the crimes he had committed. This type of activity can have positive consequences because the delinquent will regain his own respect and will adjust his own personal development. So there is a double effect: for the delinquent who knows or finds out how community members are affected by criminality, and also for the community which is realizing that the delinquent persons can have a constructive rather than destructive contribution.

To extend this obligation in order to promote the alternative sanctions to imprisonment, it was considered necessary to set up workshops for community service work.

An example of community service work is represented by the first workshop opened in Brasov, in May 2009. In this workshop the criminally sanctioned persons may carry out their obligations stipulated by the...