Acta Universitatis Danubius. Juridica, Vol 8, No 1 (2012)

Release on Probation according to the Regulations of the New Criminal Code

Alexandru Boroi


In the New Criminal Code the institution of parole encountered significant changes, both in terms of granting conditions and the social reintegration of the convict by the active and qualified involvement of the state, in this respect the probation counselors has an essential role. Regarding the granting conditions, there were not maintained the depositions that created differentiated regimes for granting release between men and women prisoners or between prisoners for crimes committed intentionally or by negligence. In the first case, the reason of the modification seeks the ruling of a single regime where the relevant criterion is represented by the length of the executed sentence. Secondly, the form of guilt with which the crime was committed cannot represent a basis for substantiating differentiated regimes of granting conditional release because the form of guilt was recovered in the operation of individualization of punishment, which is reflected in the nature, timing and the manner of executing the sentence, as applied by the sentencing decision.


Full Text: 78-89


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