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A Socio-Legal Approach Of Probation In Light Of The New Penal Code. Restorative Justice Versus Retributive Justice

Author

Listed:
  • Elena UNGURU

    (Researcher at Lumen Research Center in Social and Humanistic Sciences)

  • Antonio SANDU

    (Ph.D. Professor, Faculty of Economy and Public Administration, “Ştefan cel Mare” University from Suceava, President of the Lumen Association)

Abstract

Present article offers a theoretical analysis regarding probation services provided in Romania. In this respect are reminded the main forms of justice, as they exist around Europe, and then implemented and adapted to Romanian specific. Also there are underlined the major international regulations and laws related to the social-legal approach of probation. The most part of the article is dedicated to a deep analyse of the New Penal Code with regards especially to probation services. Also there mentioned the specifics and philosophy of each form of justice and there are given several examples of how them are implemented in the Romanian practice. New Penal Code along with probation laws and the enforcement of non-custodial sentences are part of a reform of probation in Romania that exceeded experimental phase as a significant institution whose role in the execution of non-custodial measures and the individualization of punishment, being at this stage legally contoured.

Suggested Citation

  • Elena UNGURU & Antonio SANDU, 2014. "A Socio-Legal Approach Of Probation In Light Of The New Penal Code. Restorative Justice Versus Retributive Justice," European Journal of Law and Public Administration, Editura LUMEN, vol. 1(1), pages 37-68, July.
    • Handle: RePEc:lum:ejlpa1:v:1:y:2014:i:1:p:37-68
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    More about this item

    Keywords

    Probation; restorative justice; retributive justice; New Penal Code; offender; victim; mediation;
    All these keywords.

    JEL classification:

    • J51 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Trade Unions: Objectives, Structure, and Effects
    • J52 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Dispute Resolution: Strikes, Arbitration, and Mediation
    • J - Labor and Demographic Economics

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