Considerations Regarding the Institution of Probation in the New Penal Code

• Author: Barbu, S.G. - Chihaia, G.N.
• Position: Law Department, Transilvania University of Brasov - Judge, Galati Court
• Pages: 93-104

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 6 (55) No. 1 - 2013

CONSIDERATIONS REGARDING THE

INSTITUTION OF PROBATION IN

THE NEW PENAL CODE

S.G. BARBU1 G.N. CHIHAIA2

Abstract: The benefit of the release on parole is not a right of the convict,

but only a title, the rule being to fully and effectively serve the applied

sentence, so the competent court will evaluate in each particular case if it is

timely and prudent to grant this benefit to the convict. In principle, every

convict can benefit from a release on probation, everyone of them having a

title to this, regardless of the character of the crime they have committed and

for which they have been sentenced by the court to a custodial sentence, on

condition that the person present a change for the better, noticeable in their

behaviour regarding work, discipline at work and in prison, observance of

the internal regulations of the prison, helping the administration of the prison

in maintaining the order etc.

Key words: imprisonment, probation, Penal Cod e, penalty, criminal intent.

1 Law Department, Transilvania University of Braşov.

2 Judge, Galai Court.

1. Introduction

The release on parole represents a

complementary institution to the condition

of imprisonment, a me ans of

administrative individualization of penalty,

which consists in the releasing the convict

from the place of detention before fully

executing his/her prison sentence or life

imprisonment on condition that he/she will

not commit any crime until the fulfillment

of its duration[1].

The benefit of the release on parole is not

a right of the convict, but only a title, the

rule being to fully and effectively serve the

applied sentence, so the competent court

will evaluate in each particular case if it is

timely and prudent to grant this benefit to

the convict.

Furthermore, the court can decide not to

rule the release on parole, although all the

legal conditions are fulfilled, taking in

consideration the circumstances related to

the perpetration of the deed and the

perpetrator, but also on reasons related to

penal policy, in order to contribute in that

particular moment to the strengthening the

efficiency of the sentence, to enhancing its

preventive effect [2].

2. The conditions for granting the

release on parole provided by the

current Penal Code

In principle, every convict can benefit

from a release on probation, everyone of

them having a title to this, regardless of the

character of the crime they have committed