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
SUMMARY

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... (see full summary)

 
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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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