Autor: Matei-Ciprian GRAUR

Publicat în: Journal Of Eastern European Criminal Law no. 2/2019

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Abstract: The year 2014 was an important moment in changing the dynamics of criminal law institutions in our internal system, the legislator reinventing some of the rules of the criminal process. Among many criminal law institutions, conditional release has received a new legislative approach, which has also led to a change in judicial practice in the matter. Regulated as a way of individualizing the execution of a custodial sentence, this aspect of controversy over when the institution of conditional release becomes applicable, it is based on the state’s criminal policy at a certain point in time. The controversy we are referring to considers that the individualization of the execution of the sentence in the case of conditional release operates post-judicially during the execution of the punishment, and not at the time when the conviction is pronounced. As stated in the doctrine, the institution of conditional release is a vital criminal policy measure for the purpose of punishment. In this respect, it was mentioned that conditional liberation should be regarded as an incentive for convicts who give evidence of correction, being intended to accelerate the process of reeducation and social reinsertion.

Keywords: hope; conditional release; criminal process; prejudice; social reintegration; civil obligations.