The Controversy in the Romanian Legislation Regarding the Granting of Conditional Release

Author:Mihail-Silviu Pocora, Monica Pocora
Position:Master Student, Hyperion University of Bucharest - Danubius University of Galati, Faculty of Law
Pages:123-127
SUMMARY

Starting from the four types of conditioned liberation characters (general, individual, optional and revoked) it raises the controversy regarding how to grant it. Thus, in relation to the generality of conditioned liberation, under which, it can be given to any convict regardless the nature and seriousness of perpetrated crime, there are some questions as follows: is conditioned liberation... (see full summary)

 
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Legal Sciences
123
The Controversy in the Romanian Legislation
Regarding the Granting of Conditional Release
Mihail-Silviu Pocora
1
, Monica Pocora
2
1
Master Student, Hyperion University of Bucharest
2
Danubius University of Galati, Faculty of Law, monicapocora@univ-danubius.ro
Abstract: Starting from the four types of c onditioned liberation characters (general, individual, optional and
revoked) it raises the controversy regarding how to grant it. Thus, in relation to the generality of conditioned
liberation, under which, it can be gi ven to any convict regardless the nature a nd seriousness of perpetrated
crime, there are some questions as follows: is conditioned liberation granted cor rectly in case of extremely
serious murder, or not? Is conditioned liberation granted correctly in case of s exual act with a minor? If the
answer of this question is affirmative, wha t will happen with further development of the child? He will be
able to get a look at the person who shaded his childhood, just because he is the author of an invention? He
will be able to understand that law offered to offender the freedom in exchange for innovations, while the
shock that child was forced to en dure, was for nothing? The disputed aspects concerning granting conditional
release are induced by the development of published scientific papers or patented inventions and innovations.
Keywords: conviction; sexual crime; inventions and innovations
Conditional release is regulated by Romanian criminal law and it consists of the freedom of convicted
person, before completely executing imprisonment, under the condition that he will not commit a
crime again until the penalty will reach its time (Pascu, 2004). Concomitantly, the conditional release
is regulated by Law no.275/2006 regarding the execution of punishments and measures ordered by the
judiciary in criminal proceedings, but also by the criminal procedure law. Thus, the law proposes new
rules to equalize their work with a part of sentence length; the work will include development of
published scientific papers or patended inventions and innovations. These rules are differentiated
according to prisoners’ age, adult or minor, and the concrete conditions of work.
According to Criminal law, conditional release may be granted only under certain conditions, relating
on one hand, the fraction of punishment which has to be executed by the convicted, and on the other
hand, the behavior of the convicted during executing the sentence. If the convicted person shows a
good behavior during his stay in prison, the penalty is considered to be executed and if he commits a
crime again, he will have to be executed under the same conditions, alongside the punishment for the
new crime, and the rest of the sentence will remain unsettled at the date of release.
There are some features that must be highlighted regarding the granting conditional release. First, it
has to be mentioned the generality of conditional. Thus, anyone who has committed a crime,
regardless the severity and its nature, may be conditionally released (whether is a violation of domicile
crime or an infanticide crime). So, in the first case, a person who refuses to leave the house, room,
outbuildings or enclosed places is liable to imprisonment up to 4 years; in the second case, the active
subject – mother, being in a state of disorder occasioned by birth, and she kills her newborn baby, is

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