SUBSTITUTIVES OF THE LIBERTY PRIVATIVE PUNISHMENTS
SUBSTITUTIVES OF THE LIBERTY PRIVATIVE PUNISHMENTS

Summary/Abstract: In order to combat the offensive phenomenon, the majority of the penal legislations utilize a single mean – the punishment and the consequences of this system have been seen everywhere. A proof of this aspect is the alarming increase of the offences’ number and gravity. As the liberty privative punishment affects more and more persons, the prison doesn’t seem repugnant anymore for the people and it has appeared an obvious tendency of weakening the society’s moral conscience. The modern penal science couldn’t stay indifferent to this situation. Thus it appeared the necessity of responding to such a complex phenomenon, as it’s the offence, not only with a single repressive mean – the prison – but also with new and different forms that should complete the prison punishment or they should replace it. The problem of the substitutives of the prison punishment became a matter particularly important in the European penal policies, beginning with the second half of the XXth century. In the favour of the substitutives punishments’ insertion there have been brought many arguments, the strongest of them was related to the unsure and unprecise efficiency of the punishment prison. Thus, the resort to the substitutive punishments in one of the strongest points of the penal policies in many European states and in the states of North America. The promoting of the substitutive punishments coincides, at the same time, with the opinion that was extensively expressed and which stated that the civil society should be associated to the penal sanctions’ execution. Thus, instead of the prison punishment, the judge could pronounce one or many complementary punishments, a safety measure, a work for the general interest or other forms of juridical compulsion, depending on the social danger of the committed offence.

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