CONDAMNAREA INFRACTORULUI – O MĂSURĂ SUFICIENTĂ DE SATISFACȚIE ȘI COMPENSARE A PREJUDICIULUI MORAL CAUZAT VICTIMEI INFRACȚIUNII ?

Abstract

Undoubtedly, the conviction of the offender is an important measure of protection of the social values promoted by the state and also constitutes a fair moral satisfaction for the victim, but at the same time, it is not enough when material or moral damage is also inflicted to the victim. A justice in which the damage caused to the victim is not completely recovered, and where the offender is sentenced to prison, can only count as an incomplete form of justice or as a breach of equity. The offender’s conviction is important for the re-establishment of social justice and for the fulfillment of other goals proposed by the lawmaker during the process of criminal punishment, such as: the correction and resocialization of the offender; general and special deterrence; but not to achieve the principle of “restitutio in integrum” for the victim of the crime.