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Condiţiile reabilitării judecătoreşti
Conditions of Judicial Rehabilitation

Author(s): Daniela Maria Czika
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal rehabilitation; judicial rehabilitation; prohibitions; incapacity; revocation of rights; limitation of rights; degradation of civil liberties; recognition of foreign judgments; prescription;

Summary/Abstract: Rehabilitation is one of the basic institutions of criminal law with penal, social and moral effects that allows the formerly convicted persons to reintegrate into society by removing the prohibitions, revocation of rights and incapacity resulting from a conviction. Through rehabilitation, the convict is re-established the civil, political and social-economic rights recognized by law for all citizens, as long as they have proven a correction of social behavior, over a period of time. The usefulness of this institution is obvious, as the incapacity, revocation and limitations of rights, which are the legal consequences of the conviction, subsist after the completion of the criminal punishment, restricting the legal capacity of the convicted persons. Rehabilitation is also a measure of criminal policy by which the state seeks to stimulate criminally convicted people to reintegrate into society, by the trust invested in them and the possibility of removing social prejudices generated by a previous criminal conviction. Rehabilitation determines the restoration of the order of law, which was initially violated by committing the offense, as a result of the termination of the criminal law conflict generated by the offense. From the legal point of view, rehabilitation removes the results of the conviction, with effects in personam and generating solely future consequences, its object being the incapacity, revocation of rights, limitation of rights and prohibitions resulting from the conviction and which are perpetual, being extra-penal consequences intended to protect certain public interests.

  • Issue Year: 2018
  • Issue No: 02
  • Page Range: 89-96
  • Page Count: 8
  • Language: Romanian
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