Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Groian, Elena

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Now showing 1 - 9 of 9
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    REALIZAREA PROGRAMULUI INDIVIDUAL DE EXECUTARE A PEDEPSEI PENALE
    (2020) Groian, Elena
    Implementarea programului individual de executare a pedepselor reprezintă o motivație esențială pentru resocializarea și reeducarea persoanei condamnate. Analizând cadrul legislativ-normativ și practicile înregistrate de sistemul penitenciar intern și experiențele existente la nivel european, putem concluziona că sistemul penitenciar și societatea moldovenească au elaborat mai multe inițiative menite să implementeze un program individual de executare a pedepsei pentru persoanele condamnate și care exprimă un interes crescut pentru introducerea unui sistem bazat pe individualizarea executării pedepsei.
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    CONTROLUL ASUPRA COMPORTĂRII CELOR LIBERAȚI CONDIȚIONAT ÎNAINTE DE TERMEN
    (CEP USM, 2022) Groian, Elena
    In order for the conditional release of punishment before the deadline becomes effective, the person who benefits from this institution has the obligation to show a new crime in the respective period. If until the actual passing of the respective period did not commit any offense, he is considered to have fully executed his punishment, freedom becomes full, not provisional, and he can enjoy full exercise capacity and All rights, ceasing the action on it the effects of accessory punishments. Until the fulfillment of the duration of the punishment, however, another legal effect can act on the respective person, namely that of revoking the conditional release before the deadline. Thus, the probation body has a very important role not only on the execution and control of the conditioned person conditionally but also to intervene, in case of non -observance of the conditions imposed, to apply the principle of reversibility of the criminal pedestrian, in order to send the convict to execute his punishment until the end
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    LIBERAREA CONDIȚIONATĂ DE PEDEAPSĂ ÎNAINTE DE TERMEN A MINORILOR
    (CEP USM, 2022-09-30) Groian, Elena
    Sometimes, there is a tendency in contemporary society to compare the behavior of the adolescent with that of the adult, attributing to the adolescent the moral conscience and discernment of the adult. But a minor cannot be asked to respect the morality and norms that act vis-à-vis adults, because such a criterion is inoperative for a minor who does not have the necessary capacity to understand the consequences of the deviant act. Thus, the conditional release from punishment of minors requires increased more attention from the state but also the supervision of the minor throughout the conditional release term.
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    LIBERAREA CONDIŢIONATĂ DE PEDEAPSĂ ÎNAINTE DE TERMEN. EVOLUŢIE ŞI MODIFICĂRI
    (CEP USM, 2021) Groian, Elena
    The institution of parole was born in the Australian colonies, and less dangerous criminals were allowed to be granted a conditional pardon but also imposed certain obligations. Over the decades, the institution of parole has been complemented by several new ways that better reflect the state’s attitude towards those who have committed crimes with less danger to society. Every time the changes tried to bring benefits to the state as well as the observance and humanization of the criminal punishment but this fact not always can be done in combination and thus the institution of parole draws more attention in its application related to interventions and changes. I propose to draw attention to the personality of the convicted person in the application of parole, to the composition and regulation of the penitentiary commission as well as to the fight against crime and criminal subculture.
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    IMPORTANȚA LIBERĂRII CONDIȚIONATE DE PEDEAPSA PENALĂ ÎNAINTE DE TERMEN
    (Tipografia Artpoligraf, 2021) Groian, Elena
    The institution of release from criminal punishment was established as a rescue pillar of the legislator in regulating situations that do not require the imprisonment of a person guilty of a criminal act. Although criminal punishment in the form of imprisonment has dominated for decades, it has not convinced society that it is the only perfect means of correcting and re-educating people who have committed criminal acts, punished with such a sanction. the justice system has benefited from the legislator from the appearance of some criminal norms that regulate such situations with alternatives for the prison sentence. In this sense, the conditions that must be observed by the convicted person, is a primary aspect, in the application of the conditional release from criminal punishment before the deadline. The importance of the application of parole is appropriate due to the existence of the conditional element related to the exemption and favoring of the convicted person, as well as the tendency to re-educate and correct him from the state, which must prove the convicted person, without imprisonment, establishing a well-qualified and restricted alternative.
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    REALIZAREA PROGRAMULUI INDIVIDUAL DE EXECUTARE A PEDEPSEI PENALE
    (Artpoligraf, 2020) Groian, Elena
    Implementation of the individual punishment execution program represents an essential motivation for the resocialization and reeducation of the convicted person. Analyzing the legislative-normative framework and the practices registered by the domestic penitentiary system and the experiences existing at European level, we can conclude that the penitentiary system and the Moldovan society have elaborated several initiatives aimed at implementing an individual program of the execution of the sentence for the convicted persons and expressing an increased interest for the introduction a system based on the individualization of the execution of the sentence.
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    SCOPUL LIBERĂRII CONDIŢIONATE DE PEDEAPSA PENALĂ ÎNAINTE DE TERMEN
    (CEP USM, 2021) Groian, Elena
    Conditional release aims to assist detainees to move from penitentiary life to law-abi- ding life in the community through post-release and supervision conditions that promote and contribute to public safety and reduce crime in the community. Premature release is a favor for the detainee that allows him to rehabilitate in the penitentiary, to rehabilitate in society and to benefit from social services, he being quickly incarcerated in case of other crimes which leads to reduced overcrowding, reduced risk of recidivism and last but not least to the humanization of the criminal punishment.