The Institution of Probation - A Comparative Overview of the Penal Code in Effect and the Project of the Penal Code

• Author: Barsan, M.M.
• Position: Law Department, Transilvania University of Brasov
• Pages: 105-108

Bulletin of the Transilvania University of Braşov

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

THE INSTITUTION OF PROBATION – A

COMPARATIVE OVERVIEW OF THE

PENAL CODE IN EFFECT AND THE

PROJECT OF THE PENAL CODE

Maria-Magdalena BÂRSAN1

Abstract: Probation is an institution which is supervenient to the execution

of prison sanctions, a means of administratively customizing the punishment,

which consists of the dismission of the convict from prison prior to executing

the entire sanction of imprisonment or life imprisonment, under the condition

that the convict does not commit any other crimes until the full term of the

punishment is fulfilled. Probation can be granted to any prisoner, regardless

of the crime committed and irrespective of whether he has previously

benefited from probation for any other punishment.

Key words: institution of probation, Penal code, punishment, detention,

sanction.

1 Law Department, Transilvania University of Braşov.

1. Introduction

Probation is an institution which is

supervenient to the execution of prison

sanctions, a means of administratively

customizing the punishment, which

consists of the dismission of the convict

from prison prior to executing the entire

sanction of imprisonment or life

imprisonment, under the condition that the

convict does not commit any other crimes

until the full term of the punishment is

fulfilled.

Probation can be granted to any prisoner,

regardless of the crime committed and

irrespective of whether he has previously

benefited from probation for any other

punishment.

Probation is regulated by art. 59-61 of the

Penal Code and art. 75-77 of Law no

275/2006, art. 190-191 of the Rules of

application of Law 275/2006.

2. Granting conditions

In order for the court to grant probation

several conditions must be met, conditions

which are stated by art. 59 of the Penal

Code, art. 75 of Law no 275/2006 and art.

190, point 2 and 3 of the rules of

application of Law no 275/2006.

The first condition to be met is the

obligation to have executed a part of the

sanction, which is different depending on

the duration of the sanction, the form of

guilt of the crime, the age of the convict

and the criminal record.

Probation is granted according to art. 59,

point 1 of the Penal Code: