The Rights Of A Person Deprived Of Liberty Of Maintaining Family Ties In Five European Countries

AuthorIulia Popescu
LESIJ NO. XXV, VOL. 2/2018
A prisoner's life can often be a scary way of life for many people, which is why many individuals
don’t want to be close to people who have been imprisoned, for obvious reasons.
But the reality is that those who execute prison sentences, sooner or later, are liberated from
prison and re-enter en society. Resocialization is a hard and difficult process to be fulfilled, but
obviously not impossible.
In trying to redress the behaviours of those who have chosen the wrong way of life, family
involvement is essential, especially in terms of maintaining mental health, and in th e hope that at the
end of the punishment, at the exit of the penitentiary there will be someone waiting there for them.
The present paper aims to analyze the rights of inmates to keep in touch with th eir families,
stipulated in the legislation of Five European countries, the similarities and possible differences of
their approach in the desire to identify the best regulations in this field, with best results in re-
However, it is known that permanent contact with the family increases the confidence in the
person self-esteem so that he / she overcomes th e bad moments of life, as well as in the case of the
prisoners the existence of more rights to maintain contact with the family is a desire.
Keywords: rights, deprived of liberty, European country, family, re-socialization.
1. Introduction
The incarceration is an unusual
situation that deprives the person convicted
of both freedom and his familiar and family
Sentencing a person to the execution of
a custodial sentence is an exceptional
measure tha t is ap plied by the court in the
case of those offenses punishable by life
imprisonment or imprisonment.
In most cases, when the situation
permits, the law provides rules that have the
effect of avoiding the deprivation of liberty,
precisely because of the o bvious negative
PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest, judge (e-mail:
effects that the isolation of societ y can
provide on individuals.
However, there are many cases where
the enforcement of a custodial sentence is
mandatory, and the data on the number of
persons imprisoned in Romanian prisons
confirms it.
According to World Prison Brief, on
January 27/ 2018, 22,988 people were
imprisoned in Romania
Following the Regulation on t he
organization and functioning of
penitentiaries, their purpose is to ensure the
execution of custodial sentences and the
measure o f preventive arrest and to ensure
the recuperative intervention, facilitating the

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