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

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