Autor: Andrei-Dorin BĂNCILĂ
Publicat în: Challenges of the Knowledge Society 2018
Disponibil online: aici.
Abstract: The principles of the national system of probation represent a series of rules with a wide applicability, which guide the overall functioning of the system and its components. Knowing these principles is particularly important for a more indepth understanding of the national system of probation, because they are also meant to guide the process of interpretation and application of the rules with a narrower applicability and to constitute a basis for the functioning of the system in situations where there isn’t a special provision. The principles based on which is organized and functions the national system of probation are laid down in the Law no. 252/2013, and a part represents a transposition into our national law of the International Recommendations, among which those raised through the Recommendation CM/Rec(2010)1 of the Committee of Ministers to Member States with regard to the Council of Europe’s Rules of Probation. In our vision, the national system of probation is guided by the following principles: the principle of legality, the principle of observing judgments, the principle of respect for human rights and fundamental freedoms (with the three concrete components regarding respect for human dignity, respect for private and family life and non-discrimination), the principle of confidentiality and protection of personal data, the principle of case management, the principle of individualization of penalties, the principle of co-interest of the supervised person, the principle of multidisciplinary, the principle of observing the right to information and the principle of professionalism and integrity in the activity of the probation.
Keywords: national system of probation; principles; International recommendations with regard to probation; legality and jurisdiction; respect for human rights; respect for dignity; non-discrimination in probation; privacy; multidisciplinary; case management; individualization; co-interest; the right to information; professionalism and integrity in probation.