Release on Probation according to the Regulations of the New Criminal Code

• Author: Alexandru Boroi
• Position: Professor, PhD., Faculty of Law, 'Danubius' University of Galati, 3 Galati Boulevard, 800654 Galati, Romania
• Pages: 78-89

ACTA UNIVERSITAT

78

Abstract:

The paper deals in

through the perspective of th

provisions of this law, and al

code, when necessary, the p

The author co

mes to the con

from the two criminal codes,

criminal law, is

a better answ

paper is useful to legal advis

di

scussion on this matter, con

Keywords:

New Romanian Cr

1. General Consider

Code in Probation

M

In the New Criminal C

both in terms of

relea

convict by the qualified

respect the role of proba

Regarding the condition

differentiated regimes f

between prisoners for

2009, p. 106)

In the firs

single regime where th

1

Professor, PhD., F aculty o

Galati, Romania,

Tel.:

boroialexandru@univ-

danub

ATIS DANUBIUS

Vol. 8, n

Release on Probation

according

Regulations of the New Crimina

Alexandru BOROI

1

s in a

systematized

and detailed way with the problems regard

f the n ew criminal code provisions. On the basis of examining

also on a comparative approach with the provisions o f the pre

paper manage

s

to explain the new vision of our legislator i

conclusion that there are fundamental differences between th

es, and that the new approach,

inspired by the German,

French

nswer to the need of

fighting against crimes.

Through its con

visors, both at a theo retical and practical level,

being

a starting

considering the imminent coming into force of the

New Crimin

n Criminal Code; special law; good conduct;

penalty

; convicte

derations on the Main Changes of the New

Matters

l Code the

probation

institution knows significan

lease

conditions and the social reintegration proc

fied and active involvement of the state and qualif

obation counselors is essential.

(Boroi, 2010, p. 493

tions of

release

, there were not maintained the dep

s for granting release between men and

women p

or crimes committed intentionally or by negligenc

first case, the reason of the modification seeks the

the relevant cri

terion is represented by the len

y of Law, “Danubius” University of Galati, 3 Galati Bou le

: +40.372.361.102, fax: +40.372.361.290. Correspond

ubius.ro

.

AUDJ, Vol. 8, no

8, no

. 1/2012

ng to the

nal Code

arding probation

ing the relevant

present crimin

al

r in this matter.

the regulations

nch and Spanish

conclusions, the

ting point in any

minal Code

.

icted

w Criminal

cant changes,

rocess of the

alified, in th

is

93)

epositions on

prisoners or

ence.

(Hotca,

he ruling of a

length of the

ulevard, 800654

onding author:

no. 1

, pp. 78-89