SANCŢIUNEA PRESTĂRII UNEI ACTIVITĂŢI ÎN FOLOSUL COMUNITĂŢII – MUNCĂ FORŢATĂ?
THE SANCTION OF PERFORMING AN ACTIVITY FOR THE COMMUNITY - FORCED LABOR?

Summary/Abstract: Irrespective of whether it is applied directly or indirectly to the contravention, the obligation to perform an activity for the benefit of the community cannot be considered forced labor because the necessary conditions are not cumulatively fulfilled, without the condition of threatening a sanction. In the case of performing an activity for the benefit of the community, there is no threat with any sanction if the obliged one does not perform the activity for the benefit of the community. In any case, if the obligor refuses to perform the activity for the benefit of the community, these sanctions are replaced by the sanction of the fine, but what is essential is that the sanction of the fine imposed as a result of the replacement is not the direct consequence of the refusal to provide activity for the benefit of the community. it is the consequence of its contraventional liability for the offense committed.

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