Judicial rehabilitation into the romanian criminal legislation

• Author: Marian Alexandru
• Position: Ph.D. Prosecutor, Office of the Court of Appeal Constanta
• Pages: 164-171

JUDICIAL REHABILITATION INTO THE ROMANIAN CRIMINAL LEGISLATION

Marian Alexandru

Abstract

The judicial reha bilitation is complex. Indeed, while the legal reha bilitation usually operates for

convictions to less serious punishments, the judicial rehabilitation may be acquired for a ny type of conviction.

As opposed to the chara cteristic of creating the most frequent method by which consequences restrictive of those

rights gener ated by criminal sa nctions are judicia lly removed, the judicial rehabilitation is th e main a nd typical

form of rehabilitation.

For the a cquirement of judicia l reha bilitation, many conditions are foreseen, a nd their fulfillment, in

most of the ca ses, una nswerably proves tha t the former convict reconsidered his life, that he deserves to be

reintegra ted among honest citizens.

Key words: judicial r ehabilitation, Romanian criminal leg islation.

Introduction

The judicial reha bilitation is a form of rehabilita tion that may be granted upon request of the convict or

of his close relatives by the Court of Justice (ope judiciis)

1, by motivated decision, following the verifica tion of

fulfillment of those conditions foreseen by law of which the effect is the future cancella tion of all decays,

interdictions a nd incapacities that occur red and that were the gr ounds for conviction2.

1. Concept and characterization. Conditions regarding conviction

The judicial rehabilitation i s a form of rehabilitation that ma y be granted upon request of the convict or

of his close relatives by the Court of Justice (ope judiciis)3, by motivated decision, following the verification of

fulfillment of those conditions foreseen by law of which the effect is the future cancellation of all decays,

interdictions and incapacities that occurred and that were the grounds for co nviction4.

In co mparison with the legal rehab ilitation, the judicial reh abilitation is more complex. Indee d, while

the le gal rehabilitation usually operates for convictions to less serious punishments, the judicial rehabilitation

may be acquired for any type of conviction. As opposed to the characteristic of creating the most frequent

method by which consequences restrictive of those rights generated by criminal sanctions are j udicially removed,

the judicial rehabilitation is the main and typical form of rehabilitation5.

Judicial rehabilitation is a form of rehabilitatio n to be granted the request was condemned by the court

after verifying the conditions laid down by law6.

For the acquirement of judicial rehabilitation, many conditions are foreseen, and their fulfillment, in

most of the cases, unanswerably proves that the former convict reconsidered his life, that he deserves to be

reintegrated among honest ci tizens. In relation to the peculiarity t hat it is only granted following a careful

verification regarding the fulfillment of all co nditions that illustrate the perfection of the process related to social

re-classification of the former convict, as the judicial rehabilitation must be see n as the typical form of

rehabilitation.

In order to acquire the rehabilitation, the former convict is bound to promote a certain j udicial

procedure, during which the competent Court o f Justice verifies the extent to which he fulfills the legal

conditions to be granted the rehabilitation.7 Only after the judgment of the rehabilitation petition, the court of

justice, by its decision, disposes the future cancellation of those decays and interdictions to which the applicant

was submitted due to the conviction suffered. For t he same considerations, the rehabilitation terms in regulating

 Ph.D. Prosecutor, Office of the Court of Appeal Constanta, e-mail: marian_alexandru_ct@yahoo.com

1 A. Ungureanu, Drept penal român partea general, Lumina Lex Publishing House, Bucharest, 1995, p. 433.

2 I. Cozma, Reabilitarea în dreptul penal al Republicii Socialiste România, Scientific Publishing House, Bucharest, 1970 page 155, C. Bulai,

Instituii de drept penal. Curs selectiv pentru examenul de licen, Trei Publishing House, Bucharest, 2005, page 433; Gh. Nistoreanu, A.

Boroi, Drept penal. Partea general, All Beck Publishing House, Bucharest 2002, page 325, V. Dongoroz and collaborators, Explicaii

teoretice ale Codului penal român, general part, volume II, Academic Publishing House of Socialist Republic of Romania, Bucharest, 1970,

p. 409.

3 A. Ungureanu, Drept penal român partea general, Lumina Lex Publishing House, Bucharest, 1995, p. 433.

4 I. Cozma, Reabilitarea în dreptul penal al Republicii Socialiste România, Scientific Publishing House, Bucharest, 1970 page 155, C. Bulai,

Instituii de drept penal. Curs selectiv pentru examenul de licen, Trei Publishing House, Bucharest, 2005, page 433; Gh. Nistoreanu, A.

Boroi, Dr ept penal. Partea general, All Beck Publishing House, Bucharest 2002, page 325, V. Dongoroz and collaborators, Explicaii

teoretice ale Codului penal român, general part, volume II, Academic Publishing House of Socialist Republic of Romania, Bucharest, 1970,

p. 409.

5 V. Dobrinoiu, Gh. Nistoreanu and collaborators, Drept penal partea general, Didactic and Pedagogic R.A. Publishing House, Bucharest,

1992, p. 368.

6 L. R. Popoviciu, Drept penal. Partea general, Universitaria Publishing House, Bucharest, 2011, p. 383.

7 G. Antoniu, M. Popa, S. Danes, Codul penal pe înelesul tuturor, Political Publishing House, Bucharest, 1988, p. 133.