EIRP Proceedings, Vol 5 (2010)

The Controversy in the Romanian Legislation Regarding the Granting of Conditional Release

Mihail-Silviu Pocora, Monica Pocora

Abstract


Starting from the four types of conditioned liberation characters (general, individual, optional and
revoked) it raises the controversy regarding how to grant it. Thus, in relation to the generality of conditioned
liberation, under which, it can be given to any convict regardless the nature and seriousness of perpetrated
crime, there are some questions as follows: is conditioned liberation granted correctly in case of extremely
serious murder, or not? Is conditioned liberation granted correctly in case of sexual act with a minor? If the
answer of this question is affirmative, what will happen with further development of the child? He will be
able to get a look at the person who shaded his childhood, just because he is the author of an invention? He
will be able to understand that law offered to offender the freedom in exchange for innovations, while the
shock that child was forced to endure, was for nothing? The disputed aspects concerning granting conditional
release are induced by the development of published scientific papers or patented inventions and innovations.

References



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