Challenges of the Knowledge Society (May 2012)
EVOLUTION OF THE JURIDICAL REGULATION REGARDING THE PENITENTIARY ADMINISTRATION IN ROMANIA
Abstract
To deeply analyze the evolution of the regulation regarding the penitentiary administration, one has to make an incursion into the straight modalities of the executioner punishment but also to well know the conditions, treatment and modality of the execution of the punishment in prisons all together with the obvious purpose of maintaining our citizens’ safety. According to our history the conception regarding the purpose of the punishment and their modalities of execution we are in permanent evolution throughout the years, this presentation is having the purpose to demonstrate this fact. Romanian’s ratification, by the Law no.30/18.05.1994, of the Convention for the human rights and the fundamental liberties, enforced high exigencies, determined by the necessity of improving the conditions for the persons that are deprived of liberty in accordance to the international standard. The period that preceded the Romania’s integration into European Union determinate the necessity of realization of process of reform in the Romanian prison system, as an integrated part of this whole process of reform in the field of justice. Although the Romanian system tried very hard to be in line with the European Union, this process will last a long while and it is very far to be closed, the new legislation and the process have to be sustained by human and material resources which represent major problems the penitentiary administration is dealing with at the moment. The proportion between the number of personnel for guarding and safety and the number of the condemned in Romania is 1/ 4,7 much lower than in France - 1/2,7, England - 1/2,4 , Denmark - 1/1,4, Finland - 1/1,4, Sudden - 1/1,4, Austria - 1/2,6. On the other hand, while the Europeans built a lot of special prisons, depending on the applied regimes which are the followings: - opened, semi opened, closed, maximum security, Romania is still far away from this process. More than that, our prisons gather all categories of condemned, fact that makes the scientifically individualization of application of punishment privative of liberty to develop much too slowly. The administration of the prisons – being still at the beginning of a road – must fulfil in good conditions, two main objectives: safety of the citizens and reintegration into the society of the condemned ones – this two important things must be very well sustained by the state programs for the people who were liberated from the prisons.
