Observance of the fundamental rights of convicted individuals during the re-education and social reinsertion process

Author:Dorian Chiri??
Position:PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: dorian.chirita@yahoo.com).
Pages:145-157
SUMMARY

The recent criminal justice reform brought by the entry into force of the new Criminal Code and the new Criminal Procedure Code carries forward the changes in approach with regard to sentence execution, introduced following the adoption of Law No. 275/2006 on the execution of sentences and the measures ordered by judicial bodies during the criminal trial. Having as a point of departure the joint... (see full summary)

 
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LESIJ NO. XXIV, VOL. 2/2017
OBSERVANCE OF THE FUNDAMENTAL RIGHTS OF
CONVICTED INDIVIDUALS DURING THE RE-EDUCATION AND
SOCIAL REINSERTION PROCESS
Dorian CHIRIȚĂ
Abstract
The recent criminal justice reform brought by the entry into force of the new Criminal Code and
the new Criminal Procedure Code carries forward the changes in approach with regard to sentence
execution, introduced following the adoption of Law No. 275/2006 on the execution of sentences and
the measures ordered by jud icial bodies during the criminal trial. Having as a point of departure the
joint standard set by Recommendation 2006/2 of the Commission of Ministers, this scientific paper is
aimed at presenting the evolution of the Romanian legislative system in terms of sentence execution
and the manner of regulation of the new institutions, including custodial educational measures that
may be ordered for juvenile offenders, but also in terms of the positive obligations incumbent upon the
institutions of the State involved in sentence enforcement and sentence execution supervision.
Keywords: International and European recommendations transposed into national criminal
legislation, organising custodial sentence execution , re-socialisation for convicted individuals, rights
of convicts, execution of custodial educational measures, national strategy for social reinsertion of
former convicts.
1. Introduction
The overall national legal system and
the la ws governing the serving of criminal
sentences cannot be approached in isolation.
It is para mount to correlate them to the
relevant European benchmarks and values.
This is actually the very reason for
which the Romanian state undertook a mple
reforms in the matter of criminal law and
criminal trial, but also in the field of
sentence execution, the latter being started
by the adoption of laws on the enforce ment
of sentences and measures ordered by
judicial bodies during the criminal trial.
This legal science paper provides a
significant contribution, by dealing
PhD Candidate, Faculty of Law, Nicolae Titulescu” University of Bucharest (e-mail:
dorian.chirita@yahoo.com).
distinctly and specifically (in relation to the
common standard set by Recommendation
2006/2 of the Committee of Ministers) with
the development of each legal institution in
the matter of criminal sentences, the
regulation of the new institutions, but also
the positive obligations incumbent on the
different national entities responsible for the
enforcement and supervision of sentence
execution.
Thus, this comparative resear ch
furthers the existing relevant literature, by
carrying out a critical review of each
principle set forth in Recommendation
2006/2 of the Committee of Ministers, and
by presenting their integration in the national
laws, indicating the level of internalisation
of these guiding principles and pointing out

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