Considerations on the undesirable consequences of the compensatory appeal. Conceptual and structural challenges Cover Image
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Considerații asupra consecințelor indezirabile ale recursului compensatoriu. Provocări conceptuale și structurale
Considerations on the undesirable consequences of the compensatory appeal. Conceptual and structural challenges

Author(s): Vladimir-Adrian Costea
Subject(s): Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: compensatory measures; the Law No 169/2017; overcrowding; criminal reform; effets pervers;

Summary/Abstract: In this article, we analyze the stages of adoption and repeal of the Law No 169/2017, in relation to the dynamics of the level of employment of the penitentiaries and the ECHR jurisprudence. We identify the main undesirable effects of the application of the compensatory appeal, determined by the abrupt redefinition of the paradigm for the execution of the sentence of deprivation of liberty, with implications including on the (re)integration of the post-detention.

  • Issue Year: 2020
  • Issue No: 06
  • Page Range: 134-161
  • Page Count: 28
  • Language: Romanian