The Postponement of Applying the Penalty in the New Criminal Code

Author:Minodora Ioana Balan-Rusu
Position:Assistant Professor, PhD in progress, 'Dimitrie Cantemir' Christian University, Bucharest

In this paper we examined briefly the postponement of applying the penalty institution, a new institution introduced into the Romanian legislation. The examination shall consider specifically the criteria considered by the court in order to take this measure, and some critical remarks on the current regulation... (see full summary)

the Pena
In this paper we examin
institution introduced into the Roma
considered by the court in order to ta
innovations in cri minal law matter c
remarks aimed at contributing to the
and practitioners in the field, under t
crime; surveillance meas
1. Introduction
Referring directly to the nature of t
Beccaria argued that “
we must ther
which keeping the proportion will m
and l
the same author states that “
for a p
caused by punishment to exceed the
suffering it must enter the inevitabi
offense.” (Beccaria, 1764, p. 40)
With the general development of th
offense under the criminal law has
decisive role.
Starting from the criminological poi
and re-so
cialization process of pris
European laws impose sanctions or
The studies conducted in this area
process of a prisoner is properly
enforcement of some penalties or oth
In the current Romanian Criminal
punishment execution under the no
sentence, remission of executing the
the workplace.
Ass istant Professor, P hD in
progress, “Di
District 4, Bucharest, Romania. Tel.: +4
Legal Sciences in the New
he Postponement of Applying
enalty in the New Criminal Code
Minodora Ioana B
ined briefly the postponement of applying the penal ty institutio
manian legislation. The examination shall consider specifically t
take this meas
ure, and some critical remarks on the current regul
r consist of the achieved examination, onto the text of the law, a
the improvement of legislation. The paper can be h
elpful both to
r the conditions of entering into force of the New Criminal Code.
easures; obligations imposed by the court
f the pu
nishments applied to those who committed c
herefore choose those penalties and the method to be
ll make an impression as strong and as durable on th
e guilty person
” (Beccaria, 1764, p. 40).
Continuing hi
a penalty to have the desired content it is enough tha
the benefit that the
offense brings, and in the midst of
ability of punishment and the loss of profits that it w
f the society, the penalty applied t
o the person who
as gained new guidelines, the principle of humanity
point of view from where it results the inefficiency of
risoners under the custodial regime, at the current
oriented towards the implementation of the non
rea have proven, with scientific argument
s, that the
rly carried out and with positive effects, especially
other non
-custodial measures.
nal Code, there are provided as a means o
f indivi
custodial regime, the conditional remission of
the sentence under surveillance and the execution of
Dimitrie Cantemir” Christian Uni versity, Bucharest, Address: 1
. Corresponding author:
New Millennium
ution, a new
y the criteria
ulation. The
, and critica l
to theorists
d crimes, Cesare
be implemented,
the souls of men
his examination,
that the suffering
of this process of
t would bring the
ho committed an
ity having here a
of rehabilitation
nt moment most
custodial regime.
the rehabilitation
ally through the
ividualization of
of executing the
of punishment at
: 176 Splaiul Unirii,

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