Penitentiary - penal and educational institution

• Author: Ardelean Calin
• Position: Ministry of Justice. Oradea Penitentiary
• Pages: 1-6

PENITENTIARY – PENAL AND EDUCATIONAL INSTITUTION

Candidate to Ph.D Călin Ardelean

Ministry of Justice

Oradea Penitentiary

Abstract: The purpose of this paper is to highlight the penitentiary, the profile of

delinquents that have committed offences against society. The subject of this paper considers

persons deprived of liberty being in the custody of Romanian penitentiary.

Key words: law transgression, penitentiary, persons deprived of liberty, sanction,

punishment

In order to apply the sanctions decided by the law courts, the State most often turns to

imprisonment, considering that the deprivation of liberty will have not only recovering effects upon

the imprisoned person, but also security effects upon the other members of the society.

The sanction must first intimidate, so most of the members of the community, knowing its

consequences, may willingly comply with these rules, from the moment the penology rules come

into force.

The Romanian language Explanatory dictionary defines sanction as a punishment decided

by law for those who have infringed on its provisions. Punishment is a repression and constraint

measure against the one who has committed a divergence from the law.

The aim of the punishment is to caution against the perpetration of new infractions. The execution

of the punishment wishes to form a better attitude towards work, the right order and towards the

social cohabitation rules.

After the perpetration of an infraction, when the punishment is effectively applied, it fulfils a

complex of functions:

- way to redress the transgressors and to prevent them from harming (morally or

physically, by temporary isolation or definitive elimination);

- useful for the re-entry of the judicial order in relation with the victim and the social

group, while through the direct application of the punishment one will give satisfaction to the victim

and as well as to the community, avoiding the disorder that could arise, if the victim or the social

group react alone;

- it consolidates the intimidation force that the sanctions should exert on the recipients

of the penology rules, while through its effective application the punishment becomes an example

for all those who would be tempted to commit antisocial acts

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The functions that tend to prevent the transgressor from repeating the wrong behaviour in

the future serve the special warning and the functions that intend to prevent the disturbance of the

judicial order by other persons than the transgressor serve the general warning.

The categories and the general limits of the punishments are indicated in the 3rd Title,

Punishments, of the Romanian Penal Code. Article 53 indicates three types of punishments: main,

complementary and accessory punishments.

The main punishments are:

a) confinement for life;

b) imprisonment from 15 days to 30 years;

c) fine from 100 lei to 50.000 lei.

The complementary punishments are:

a) forbiddance of some rights from one to 10 years;

b) military degradation.

The accessory punishment of forbiddance of some right consists of the forbiddance of some

of the following rights:

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apud E. Stănişor, 2003, p. 20