Impactul măsurii compensatorii prevăzută la art. 55^1, introdusă prin Legea nr. 169/2017 pentru modificarea şi completarea Legii nr. 254/2013, asupra diferitelor instituții de drept
The impact of the compensatory measure provided in art. 55^1, introduced by Law no. 169/2017 for amending and completing Law no. 254/2013, on various law institutions

Summary/Abstract: The adoption of the compensatory measure of extra-executed days constitutes a legal instrument required by international regulations which, by its regulatory mode, is likely to lead to the emergence of a non-unitary judicial practice. Originally designed as an operating mechanism through the institution of conditional liberation, in reality, the certainty of achieving the purpose of the law is achieved only by releasing sentenced persons at the expiration of the penalty term, which is the only application hypothesis that excludes any margin of appreciation of judicial bodies. In the case of conditional release, granting extra days does not guarantee the existence of a concrete compensation, but only creates premises for an early vocation of the convict to be released. However, the effects of measure enforcement, whether or not observed by the legislator, influence the sanctioning regime through changes in the term of punishment and the access to institutions for the individualization of punishment or the elimination of the consequences of the sentence.

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