Revocarea suspendării executării pedepsei sub supraveghere în lumina noului Cod penal
Revocation of supervised suspension of penalty in the light of the New Criminal Code
Author(s): Andrei Viorel IuganSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: suspending the execution of the sentence under supervision, supervision period, Probation Service, supervision measures, civil obligation, judicial individualization.
Summary/Abstract: In some cases it’s possible that the social reintegration of a felon can be better achievedin a non-custodial environment. Nevertheless the social reintegration requires the continuous supervision and guidance of the felon. The execution of the sentence under supervision is a judicial mean of individualization of the punishment. This method produces immediate effects, so the sentence imposed is not actually enforced. However, during the supervision period, the convict must respect the supervision measures imposed by the law, the obligations imposed by the court and to execute the civil obligations established in the court sentence. If the person doesn’t respect the supervision measures, or if he doesn’t execute the civil obligations to the end of the supervision period the court is obliged to revoke the advantage of suspending the sentence execution under supervision and to dispose its execution by deprivation of liberty. The convict must not commit a new offence in the supervision period. If he continues to disobey the law, the court is obliged, when establishes the punishment for the new offence, to revoke the suspension of the execution of the sentence under supervision, and to apply the punishment according to the second offence sanctioning treatment, or to the intermediary plurality rules.
Journal: Caiete de drept penal
- Issue Year: X/2014
- Issue No: 02
- Page Range: 52-72
- Page Count: 21
- Language: Romanian
- Content File-PDF