Liberarea condiționată din pedeapsa închisorii – considerații asupra condițiilor de acordare din perspectiva evoluției acestora
Conditional Release from Imprisonment - Considerations on the Conditions of Granting from the Perspective of their Evolution

Author(s): Nicoleta-Gabriela Chihaia
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: conditional release; conditions;custodial sentence; history; more favorable criminal law.
Summary/Abstract: Conditional release is an institution of substantial criminal law, of great importance to both convicted person and the criminal policy of our state, which can only be ordered by the court, accessible to any convicted person, after enforcement of a part of the custodial sentence and the fulfillment of other conditions foreseen by the law, which consists in executing the last part of the custodial sentence in liberty with the purpose to stimulate and prepare the convicted person for his final release and for his quicker reintegration into society, subject to the fulfillment of both prior and post-release conditions.The paper seeks to analyze the conditions that a convicted person has to fulfill in order to benefit from conditional release, both objective and subjective, from the perspective of its evolution. The paper starts with a presentation of the purpose of the institution as it follows from the definitions given in doctrine, and continues with a short history of it in the Romanian legislation. The last part presents an analysis of the conditions for the granting of conditional release from imprisonment, aiming to highlight the conditions maintained by the legislator in the old regulations and, on the other hand, highlights the new conditions introduced by the current, more restrictive regulations, but established with a view to achieving better training for persons sentenced for final release and easier reintegration in society.

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