Revoking the Suspension of Enforcement of the Prison Measure for Non - Payment of Civil Obligations

• Author: Dinu, C.
• Position: Law Department, Transilvania University of Brasov
• Pages: 115-122

Bulletin of the Transilvania University of Braşov

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

REVOKING THE SUSPENSION OF

ENFORCEMENT OF THE PRISON

MEASURE FOR NON-PAYMENT

OF CIVIL OBLIGATIONS

Cristina DINU1

Abstract: According to art. 84 from the Criminal Code, revoking the

suspension (liberation on parole) of the e nforcement measure of prison may

be imposed if the defendant – the convict does not willingly fulfill his/her civil

obligations to which he/she was bound by the definitive sentence of

condemnation. Given that the legislature is not very expl icit regarding the

above mentioned text and regarding the moment in time when it is necessary

to establish if the breach of civil obligations occured, the judicial practice is

conflicting as the legal text is interpreted differently nationwide. We

appreciate the need for a case study regarding the applicability of this legal

institution in practice, so through this article we will try to present various

conflicting arguments enacted in practice.

Key words: conviction, revoquing measures, prison, civil obligations.

1 Law Department, Transilvania University of Braşov.

1. Introduction. General notions

regarding the legislation on the

matter

The judicial suspension of serving a

criminal punishment represents an

individualization measure of executing a

criminal punishment.

This type of measure can be decided by

the criminal court through the sentence of

punishment and consists in the suspension

during a definite period of time and in

particular conditions of the effective

execution of the criminal punishment [1].

The purpose of this type of judicial

individualization of the criminal

punishment was inflicted due to the fact

that the legislator and also the courts

usually think that the purpose of the

criminal punishment can be attained if the

convict keeps his/her freedom of

movement and is stimulated to be

reeducated without being incarcerated.

Thus, in order to benefit from this

judicial institution, the convict has to meet

several conditions that regard both the

punishment that was inflicted and also the

conviction. The conditions regarding the

punishment are clear and objective, and

need no clarifications. However, the

conditions regarding the convict have the

purpose of creating in the mind of the

judge the assumption that, the person in

question can be reeducated while no

freedom limits are imposed upon him/her.

If the convict had been convicted before to

a criminal punishment with imprisonment

for a period of time that exceeds 6 months,