Procedura contravențională în sistemul penitenciar. Aspecte conceptuale și comparative
Contravention procedure in the penitentiary system. Conceptual and comparative aspects

Summary/Abstract: It is important to recognize that the rule of law does not end at the gate of the penitentiary institution. If a person is assaulted in the penitentiary, he has the same right to the protection of the law as someone who is assaulted in a public place. It should be normal practice in any penitentiary establishment, when an unlawful act has taken place or is believed to have taken place, to operate an investigation system similar to that used in civil society. Strictly related to the penitentiary system, in some jurisdictions, we have appointed judges or special prosecutors to perform this function. In others, the civil prosecutor or the police are informed and given the opportunity to investigate as if the reprehensible act had taken place outside prison. However, it may happen that an incident, which is serious, in the context of imprisonment is not considered worthy of investigation by the criminal investigation authorities. An example could be when an inmate is discovered in possession of a small amount of drugs for personal use, or when an assault has occurred in which no one is seriously injured. On the other hand, an aggression in which a weapon is used or in which a bone or limb is fractured, would usually justify notifying the prosecutor or the police. An optimal solution to address these issues, in our view, is for prison authorities and investigating authorities to agree on a policy on the incidents to which the prosecutor or the police wish to be referred, thus achieving a clear classification between the contravention procedure in the penitentiary system and the disciplinary procedure specific to this environment.

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