Aspecte doctrinare și jurisprudențiale privind măsurile de supraveghere şi obligaţiile impuse de instanţă în cazul amânării aplicării pedepsei și suspendării executării pedepsei sub supraveghere
Doctrinal and Jurisprudential Aspects Regarding the Supervisory Measures and the Obligations Imposed by the Court in Case of Postponement of the Punishment and Suspension of Execution of the Punishment under Supervision

Author(s): Mihai Mareş
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: alternative sanction; probation measures and obligations; deferred sentence; suspended sentence on probation.
Summary/Abstract: The present paper aims at examining the configuration of the probation measures and obligations that are comprised in the individualisation modalities of deferred sentence and suspended sentence on probation, both in theoretical terms and in the light of their enforcement dynamics. For a thorough understanding of the current lawmaker’s design of these criminal law institutions, the prior establishing of several diachronic regulatory elements at national level as well as the indication of certain international legal instruments that set standards in these matters are required, which reflect the regulatory evolution of these alternative forms to the custodial sentence. Furthermore, the cumulative conditions for ordering the deferred sentence and suspended sentence on probation as well as the content of the related probation measures and obligations are outlined. Finally, the conditions for modifying or terminating the obligations imposed by the court of law are analysed, especially from the case-law perspective, by pointing out various issues of law encountered in the course of resolving applications submitted in this respect.

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