Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures Cover Image

Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures
Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures

Author(s): Camelia Daciana Stoian, Cristian Măduța
Subject(s): Public Law, Penal Policy, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: practice; public service provider; public practice; administrative law;

Summary/Abstract: As the relationship with the persons under private law empowered to manage the execution of the range of noncustodial measures and punishments in this sphere is currently outlined at the legislative level, the nuances that limit access to the profession are identified. This aspect harms in practice both the person responsible for safety measurement and the judge who is delegated with the execution, the probation department and last but not least the professional mandated with the expertise regarding the state of health of the person in question. Since 2014, the Council of Europe's Report "A juvenile criminal justice adapted to children: from rhetoric to reality" has motivated the considerations regarding justice related to children, which mentions the need for minors in conflict with the law to have access above all to treatment and special staff. The proposed law restores the right to the vision required from the level of practitioners with reference to the recontouring of the provisions of article 20 of Law no. 253/2013 regarding the execution of punishments, educational measures and other non-custodial measures ordered by judicial bodies during the criminal process, in accordance with the goal of the regulation, namely to ensure the legal order by guaranteeing the balance that must exist between the protection of society and the reintegration in the community. At the same time, the terminations of the Ferenda law proposal will demonstrate the need for corroboration with normative acts that regulate the way of exercising the various liberal professions through units without legal personality necessary in terms of providing medical assistance at ambulatory level, both in the preventive and in the of recovery.

  • Issue Year: 12/2023
  • Issue No: 3
  • Page Range: 420-424
  • Page Count: 5
  • Language: English