ASPECTS REGARDING THE INDIVIDUALIZATION OF PUNISHMENTS FOLLOWING THE AMENDMENT OF THE CRIMINAL CODE

Cornelia Vladu ()
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Cornelia Vladu: Bucharest College of Legal Advisers, Romania

Perspectives of Law and Public Administration, 2021, vol. 10, issue 3, 223-232

Abstract: The term of "punishment individualization" is known since 1898, because of the publication of Raymond Saleilles's work entitled "L'individualisation de la peine". The definition of the concept of individualization was outlined by the legislator through juridical technique, as: when establishing and applying punishments as tools for adapting the convict to the penitentiary environment. The punishment individualization is a complex operation that is carried out both by the legislator (the legal individualization, realized at the moment of the elaboration of the law, by establishing the general framework of punishments, the special limits for each offense and the framework within which judicial individualization and administrative individualization may intervene), by the court (juridical individualization), as well as during the execution of the sentence (administrative individualization, for example: establishing the regime of execution of the prison sentence, granting conditional release, changing the content of the obligations imposed in the context of postponing the application of the sentence or suspending the execution of the sentence under supervision).

Keywords: punishment; crime; punishment individualization; establishing punishment; application of punishment; postponement of application of punishment; suspension of execution of sentence under supervision. (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2021
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