ULTIMA SOLUŢIE? ÎNCHISOAREA CA RĂSPUNS PRINCIPAL AL DREPTULUI PENAL
THE FINAL SOLUTION? IMPRISONMENT AS THE MAIN RESPONSE OF CRIMINAL LAW

Summary/Abstract: The enforcement of penalties is not a mere administrative act, but a complex, dynamic and profoundly human process, which involves the relationship between the state and the convicted person, in the context of respect for fundamental rights, fairness of the process and the effectiveness of criminal justice. At the same time, this stage leads to people’s confidence in the legal system and to the strengthening of public trust in the act of justice. The institution of criminal punishment has undergone, throughout history, a complex evolution, reflecting changes in philosophical, moral and legal perspectives on the notion of justice. The origins of criminal sanctions can be traced back to the very primordial need of people to live safely in an organized community, in which antisocial acts are discouraged by coercive measures. The imposition of punishment is always subsequent to and determined by the commission of a criminal offense, thus being a proportional response determined by the seriousness of the criminal conduct. In some contexts, the term “punishment” is also used outside the criminal sphere (e.g. disciplinary, administrative, tax penalties), but in these cases it is accompanied by a specific qualifier, so as not to be confused with the strictly criminal meaning of the term.

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