FROM THE SERVICES ABOUT ORGANIZATIONS AND FUNCTIONING VICTIMS PROTECTION AND SOCIAL REINTEGRATION OF OFFENDERS TO PROBATION SERVICES IN ROMANIA

Aurora-Elena Gavriș

Abstract


If we accept that notion and scope of the institution of conditional release was stipulated for the first time in the The 1874 Law, known as The Penitenciary Regime Law[1] as a representative of the Romanian system that works today, then yes, for the Romanian Principates this is the official time of probation beginnings for nowadays. Also, the emergence and development of the concept of probation as well as creating the Romanian institutional framework after the December 1989 has evolved timid and audacious - without abandonment but rather with perseverance and loyalty to a valuable desideratum.

At international level ”It is difficult to appreciate when exactly appeared this social and legal phenomenon, but most experts are unanimously agreed that the probation first appeared in the system of common law, in the second half of the century XIX.”[2] It did not appear suddenly but it was developed as a result of a succession of phenomenon about humanization of justice and as well as an expression of ”innovative and avant-garde of some judges into the common law has an absolute authority.”[3]

From etymologically, probation term comes from the Latin probation, which designed a period of demonstration or testing, after intervened forgiveness. The convicts who demonstrated desire for change throughout the set period - probation - were forgiven and release for other implications of the criminal justice system.


[1] Conceived by Ferdinand Dodun des Perrieres, brought in Moldova during the reigns of Grigore Alexandru Ghica in 1852 to organize the prisons in the country.

[2] Abraham, P., Nicolaescu, V., Iasnic, St., B., Introduction to probation. Supervision, assistance and counseling to offenders sentenced to non-custodial sanctions; National Publishing House, Bucharest, 2001, p. 83.

[3] Idem, p. 83


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References


Abraham, P., Nicolaescu, V., Iasnic, St., B. (2001), Introduction to probation. Supervision, assistance and counseling to offenders sentenced to non-custodial sanctions; National Publishing House, Bucharest, 2001.

Balica, E. (2009), The institutionalization of probation in Romania: situational practice and strategies in the context of the (post-) accession to the European Union, available at: http://www.revistadesociologie.ro/pdf-uri/nr.3-4-2009/08-EBalica.pdf

Bobos, Ghe. (1994), General theory of law, Dacia Publishing House, Cluj-Napoca, 1994

***1968 Romanian Penal Code, published in Romanian Official Bulletin, I Part, no. 79-79 bis/21.06.1968

***Law no. 129/2002 for approving R.G.O. no. 92/2000 about the organization and functioning of the social reintegration services for offenders and supervision of the execution of non-custodial sanctions, published in Official Gazette of Romania, no. 423/01.09.2000

***Law 123/2006 concerning the Staff regulations of probation services, published in Official Gazette of Romania, no. 407/10.05.2006

***Law no. 275/2006 on the execution punishments and measures ordered by the court during the trial, published in Official Gazette of Romania, no. 627/20.07.2006

***Law no. 254/2013 about sentences and custodial execution measures ordered by courts during the penal trial, published in Official Gazette of Romania, no. 514/14.08.2013

***Law no. 252/2013 about organization and functioning of the probation system, published in Official Gazette of Romania, no. 514/14.08.2013


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