The essence and probation term period in the case of granting the conviction with conditional suspension of sanction execution applied to minors people in Romania

• Author: Catalin Ionut Bucur
• Position: University of Pitesti
• Pages: 28-30

THE ESSENCE AND PROBATION TERM PERIOD IN THE CASE OF

GRANTING THE CONVICTION WITH CONDITIONAL SUSPENSION OF

SANCTION EXECUTION APPLIED TO MINORS PEOPLE IN ROMANIA

Teacher assistant Ph.D Candidate Catalin Bucur

University of Pitesti

Abstract: The determination of probation term in relation with the concrete applied

sanction, realizes an individualization of the measurement of sanction execution suspension in the

connection with the obtained result in sanction individualization. Also, the test that the convict is

subjected to in probation term, concerns only the good behaviour in the sense of not committing

new crimes, proving that he/she can abstain from a dangerous behaviour. Giving the conditioned

suspension of penalty execution, the judge believes that, in the future, the convicted will not make

any penalties not only in the probation term. These elements will be systematically analyzed in the

contents of this paper.

Key words: Conditional suspension of sanction execution, minors

The determination of probation term in relation with the concrete applied sanction, realizes

an individualization of the measurement of sanction execution suspension in the connection with

the obtained result in sanction individualization. Also, the test that the convict is subjected to in

probation term, concerns only the good behaviour in the sense of not committing new crimes,

proving that he/she can abstain from a dangerous behaviour. Giving the conditioned suspension of

penalty execution, the judge believes that, in the future, the convicted will not make any penalties

not only in the probation term. Even though in the specialized literature there has been remained the

term to be called testing, in the law there are not provided special behaviour obligations for the

minor convict during this term, and the obligation not to make any crimes is for any addressee of

criminal law, not only to that convicted to sanction execution suspension. Certain special

obligations can be seen for the convict towards there have been taken safety measurements or there

have been put certain civil obligations.

1

Though there are not connected to conditional suspension

but can be imposed to any convict no matter if there have been applied or not this measurement of

suspension.

The duration of the probation term is established by the law and cannot be modified by the

court.

Beside the 6 months and 2 years period, in the probation term is included the penalty period

applied by the court. If the court applied penalty was reduced following the convict’s preventive

arrest deduction, this does not influence the probation term period, does not reduce the probation

term.

2

But when the applied prison penalty has been reduced following the incidence of an

unconditioned partial grace, the probation term period will be included in what has been left after

the grace application plus the 6 month-2 years period that is provided by the law in the minors’

case. So, the probation term is reduced by the punishment part that has been graced.

When the grace is total and unconditioned, the probation term is reduced to the 6 month-2

years period.

In the judiciary practice has been decided that (point of view that we agree with) in the case

of partial conditioned grace, the probation term is not automatic reduced but only when the fixed

1

St. Danes, V. Papadopol, Judiciary Individualizati on of Penalties Execution, The Scientific and Encyclopedic

Publishing, Bucharest, 1985, p. 250

2

T.S. d. no. 2615/1973 through which ha s decided that “in the se nse of the art. 82 P enal Code through applied pe nalty

one can understand the whole penalty, like it was appreciated by the court, and not the unfulfilled rest after deduction

preventive arrest”.