STABILIREA, INDIVIDUALIZAREA ŞI SCHIMBAREA REGIMULUI DE EXECUTARE A PEDEPSELOR PRIVATIVE DE LIBERTATE: CRITERII OBIECTIVE SAU SUBIECTIVE?
ESTABLISHMENT, INDIVIDUALISATION AND CHANGE OF THE REGIME FOR THE EXECUTION OF CUSTODIAL SENTENCES – OBJECTIVE OR SUBJECTIVE CRITERIA?

Summary/Abstract: In its activity, the committee for establishing, individualising and changing the regime for the execution of custodial sentences shall take into account both objective and subjective indicators, as well as the results of applying the standard tools for assessing the activities carried out by prisoners, as provided in Article 40(4) of Law No. 254/2013. We mention as reference indicators: the duration of the custodial sentence and the period served up to the time of determining the execution regime; the prisoner’s level of risk, the nature and manner of commission of the offence, his or her person; criminal record; age and state of health; positive or negative conduct, including during previous periods of detention; the needs identified and the skills required for inclusion in educational programmes, psychological and social assistance; the availability to perform work and to participate in educational, cultural, therapeutic, psychological counselling and social assistance activities, moral-religious activities, schooling and vocational training [see Article 88(1) of the Implementing Regulation of Law No. 254/2013 on the execution of sentences and custodial measures ordered by the judicial authorities during the criminal proceedings].

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