The postponement of execution of the punishment and the suspension of sentence under supervision for the crimes of family abandonment and the prevention of the access to general compulsory education

• Author: Andrei-Viorel Iugan
• Position: PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: andyiugan@yahoo.com).
• Pages: 199-209

LESIJ NO. XXII, VOL. 1/2015

THE POSTPONEMENT OF EXECUTION OF THE

PUNISHMENT AND THE SUSPENSION OF SENTENCE

UNDER SUPERVISION FOR THE CRIMES OF FAMILY

ABANDONMENT AND THE PREVENTION OF THE

ACCESS TO GENERAL COMPULSORY EDUCATION

Andrei-Viorel IUGAN*

Abstract

In addition to the general conditions in which the court may order a judicial individualization

measure without depriving a person of its freedom, the legislator created for certain criminal offenses,

some regulations derogating from this regime. For these crimes, for reasons related to the protection

of family life, if the defendant is aware of his crime, by fulfilling his obligations, the legislator presumed

in an Absolut way that there is n o requirement to effectively enforce the sentence and execute the

punishment, in such cases the court being obliged to postpone the execution of the punishment o r to

order the suspension of sentence under supervision.

Keywords: the postponing of the execution of the punishment, suspension under supervision

of the sentence, abandonment of family, the prevention of the access to general compulsory education.

1. Introduction

The imposition of a punishment and its

effective enforcement are not likely to

ensure that these measures will achieve the

purpose of the punishment and the social

reintegration of the person who has

committed an offense in each case. Often the

detention environment transforms the

persons subject to such manner of

punishment in more dangero us criminals,

and in many cases i mprisonment doesn’t

contribute to t he social reintegration of

offenders, but on the contrary, to their social

isolation. Also in economic terms,

imprisonment is expensive, involving

significant financial costs for the state. In

some specific cases, reported to the gravity

 PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail:

andyiugan@yahoo.com).

1

C. Bulai, B.Bulai, Manual de Drept Penal.Partea Generală, București, Ed. Universul Juridic, 2007, p.233.

of the crime and to the person of the

offender, enforcing a punishment is not

justified.

In these circumstances, the legislator

has created some mechanisms of judicial

individualization of the punishment that

allow this, if certain conditions set by law in

a limitative manner, are met: the postponing

of the execution of the punishment and the

suspension of the execution of the

punishment. In the event of committing

certain offenses, the legislator went further

on, practically imposing on the court to rule

in the sense of applying an execution

measure without d epriving a person of its

freedom, in the cases where the conditions

provided for by law are met

1

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