Autor: Alina TEACĂ
Publicat în: Revista Universul Juridic nr. 6/2018
Disponibil online: aici.
Abstract: The main punishments, life imprisonment, imprisonment and criminal fine penalty, are
provided by art. 53 Criminal Code and are coercive and reeducational measures applicable to the
individual person who committed an act punishable by the criminal law in order to prevent the
commission of future crimes.
The concept of criminal sanction, automatically evokes the idea of punishment, punishment of
those responsible for an act of unlawfulness, but the punishment must be fair, correct, both in terms
of restoring the lawful order to ensure the re-education of the convict.
No one would dare to deny that punishment, by its very nature, must also constitute suffering,
because punishment presupposes, first of all, the retribution of the committed deed, acting as a
preventive measure, as a means of deterring the commission of future crimes.
Ensuring human conditions for the execution of the punishment, respect for the inviolable
rights of the person, even in the situation in which it is detained, and the application of the principle
of humanizing punishment, are mandatory requirements for the social rehabilitation and
reintegration of the offender, considering the fact that the rehabilitation can not exist without a
punishment inspired by the feeling of humanity.
Societies based on the rule of law do not tolerate, or approve, either directly, indirectly or
otherwise, the application of a treatment absolutely prohibited by art. 3 of the European Convention
for the Protection of Human Rights and Fundamental Freedoms, the European Court of Human
Rights stated consistently that art. 3 enshrines an absolute right, which does not suffer any
derogation
Analyzing this article, we note that it is imperative to adopt a more personalized sanction
system, in which the interest in social reintegration and rehabilitation of the convict should prevail.
The idea of rehabilitation can not and should not become an unrealized utopia, and for this, where it
is possible to avoid contact with the prison world, especially in those cases where this contact may
lead the subject to a more serious situation than the original one .
Keywords: punishment, art. 3 European Convention of Human Rights, torture, inhuman
tratament, fruits of the poisoned tree, overcrowding prison, humanization of the punishment
