Danubius International Conferences, 6th International Conference on European Integration - Realities and Perspectives

Re-individualization of Sanctions for Non-Custodial Criminal Law in the European Union

Ion Rusu
##manager.scheduler.building##: B Hall
##manager.scheduler.room##: B 1
Date: 2011-05-13 03:30 PM – 05:00 PM
Last modified: 2011-05-10


In recent years, both internally and internationally, there have turn out and also promoted, new theories about the possibility of re-educating convicted persons by adopting penalties other than the criminal one that involve deprivation of liberty. Thus, in all countries with democratic traditions and implicitly with recognized legal systems, there have been increased tendencies of implementing non-custodial sentence, in case of committing less serious crimes, considering that in this way, the social reintegration of the convicted persons will be accomplished better, and the purpose of the punishment will be achieved. At EU level, for social reintegration of the persons convicted by the non-custodial sentence, it was adopted the Framework Decision 2008/947/JHA of the Council, a European legislative act that grants the possibility of executing some non-custodial sentence in a state other than the convicting one. However, given the existing differences among Member States in terms of the proportion, the nature of alternative penalties and surveillance measures, the European legislative act establishes also the possibility of re-individualizing these sanctions, having as ultimate goal to make them compatible with the executing state law. We must mention that the examination of this legislative act highlights the need to amend and supplement some provisions, the ultimate goal being to make them compatible with the laws of all Member States in this field.