Aspecte normative și practice ale aplicării principiului protecției drepturilor fundamentale ale persoanei la clasificarea persoanelor private de libertate cu grad sporit de risc
Normative and practical aspects with the application of the fundamental rights protection principle to the classification of detained persons with increased risks

Summary/Abstract: The recently adopted Romanian law on the execution of freedom privative punishments institutes four executive regimes, namely, highest security, closed, half open, and open. The various classifications depend on the extent of the freedom of movement limitation, the way activities are performed and the detention conditions, within the limits imposed by the respect and protection of the detainee's life, health and dignity, his rights and freedoms, against physical sufferings and humiliation of the sentenced person. Analyzing the content of the concept of executive regime, such as it is defined by Law no. 275/2006 and reflected in the Regulations for the application thereof, clearly shows the law-maker's preoccupation to adapt the normative framework to the guiding lines of art. 10 in the International Covenant on Civil and Political Rights, reiterated in the normative text in the sense of treating detainees in dignity and humanely, and achieving the essential purpose of any penitentiary regime, namely, recovery of the convicts and their social re-insertion.

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