The probation measures - the reasons for the regulation

Author:Andrei-Dorin B?ncil?
Position:Assistant Lecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (email: andreibancilasng@gmail.com).
Pages:145-154
LESIJ NO. XXIV, VOL. 1/2017
THE PROBATION MEASURES THE REASONS FOR THE REGULATION
Andrei-Dorin BĂNCILĂ
Abstract
For a proper understanding of the law institution, it is necessary to understand the reasons that gave
rise to the its regulation. By reasons of regulations, we understand the social, economic, political, legal,
moral justifications, but also of any other nature that established the legislation adoption represents a
positive source of the institution in question. Trying to find reasons for the regulation is a useful step,
even under stronger word, if the institution researched is relatively new in the normative context,
character that can be easily su bject to error, assigned to the probation measures into Romanian law.
The utility of teh step is to know the circumstances that caused, encouraged or even imposed the
settlement of the probation measures in our country, but also of the goals that the new institution will
answer them.
Keywords: probation measures, restorative justice, the treatment of the offenders in the
community, the prevention of the repeated offense, social reintegration, the compensation fo r the
victim’s damage, international and european legal on probation measures
Introduction
In order to facilitate the understanding
of the institution of probation measures, we
believe it is useful to start by knowing the
circumstances which led, encouraged or even
required regulation of the measures in
question, as well as social, economic,
political, legal, moral justifications, but also
of any other nature that established the
legislation adoption represents a positive
source of the institution in question.
Subsequently, we will refer to the
purposes more spcific pursued by the
lawmaker through the probation measures
establishment and we may discover that the
main purposes related thereto are reducing the
risk of repeated offense, increasing the
chances of rehabilitation and social
reintegration, excluding extrapersonal and
Assistant Lecturer, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest (email:
andreibancilasng@gmail.com).
1
I. Chiș, The prison reform in Romania, Ando Tours Publishing House, Timișoara 1997, mentioned in I. Chiș,
The penal law execution, Universul Juridic Publishing House, Bucharest 2015, p. 85.
long-term harmful effects, specific to
inprisonment, increasing the chances of
compensating the prejudice caused by the
offense and reducing the financial costs of
administrating the criminal justice in its
executing phase.
1. The context of imprisonment
As in other countries, in our country a
first context that favored introducing the
probation measures was the one for an
overwhelming increase in the number of
people sent to prison. Thus, during the
communist regime, a maximum of 60,000
inmates was reached, out of which a
significant proportion of serious crimes
committed reduced
1
. The maximum noted
was close to being reached and after the
social, economic and political turmoil after

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