Minors obligations during the probation term and the importance for fulfilling them in the penal juridicial sytem in Moldova Republic

• Author: Catalin Ionut Bucur
• Position: University of Pitesti
• Pages: 31-36

MINORS OBLIGATIONS DURING THE PROBATION TERM AND THE

IMPORTANCE FOR FULFILLING THEM IN THE PENAL JURIDICIAL

SYTEM IN MOLDOVA REPUBLIC

Teacher assistant PhD Candidate Cătălin Bucur

University of Pitesti

Abstract: As it results from the institution’s name itself, the penalty execution suspension is

conditioned, that means that the court establishes certain conditions, which usually look like some

concrete obligations, respecting them is uncertain because penalty execution established by the

court through a conviction sentence. The essence of this institution is that conditional suspension of

penalty execution consists in having faith in the convict. On the other hand, this institution has a

very powerful coercive, prohibitive character because the convict is not just release from penalty

execution because through his/her attitude must prove that he/she deserve the given “favour”.

These elements will be analyzed in the contents of this work paper.

Key words: Minors obligations, penal juridical system, Moldova Republic

As it results from the institution’s name itself, the penalty execution suspension is

conditioned, that means that the court establishes certain conditions, which usually look like some

concrete obligations, respecting them is uncertain because penalty execution established by the

court through a conviction sentence. The essence of this institution is that conditional suspension of

penalty execution consists in having faith in the convict. On the other hand, this institution has a

very powerful coercive, prohibitive character because the convict is not just release from penalty

execution because through his/her attitude must prove that he/she deserve the given “favour”. That

is why the court may establish, during the probation period, certain obligations for the convict,

provided in art. 90, align. 6, Moldova Republic Penal Code. From drafting the law text mentioned

above, we observe that the disposal of these obligations represents a power and not a court’s

obligation by inserting the expression “it can oblige the convict”.

Likewise, the legislator provides that these obligations do not have a definitive character, the

court, during the probation period, on the proposal of the authority that executes the control on

convict’s behaviour with penalty execution conditional suspension, has the right to partially or

totally cancel the obligations established before, or can bring new ones.

1

These obligations that can

devolve upon as well as the minor convicts as well as the adults’ ones are the following:

a) Not to change the address without the agreement of the competent authority;

b) Not to attend certain places;

c) To follow a treatment in case of alcoholism, drug addiction, addiction or STD;

d) To offer a material support to victim’s family;

e) To repair the caused damages in the term established by the court.

Analyzing the above obligations, that can be applied to the minor convict with penalty execution

conditional suspension, we draw the following conclusions.

The court may dispose two obligation categories:

1. To do something, that means to have a certain behaviour, a certain active attitude –

committee (to follow a treatment in case of alcoholism, drug addiction, addiction or STD, to repair

the caused damages in the term established by the court, to offer a material support to victim’s

family);

2. Not to do anything – omitted attitude, to abstain from certain actions (not to change the

address without the agreement of the competent authority, not to attend certain places).

1

Art. No. 90 align. 7 Romanian Penal Code: “D uring the probation term , the court, on the proposal of the authority that

controls convict’s behavior with penalty’s execution conditional suspension, may cancel, totally or partially, convict’s

previous ”established obligations or bring new ones”.