Comments upon the Law Project Regarding Sentences Execution

The violation of juridical norms from the penal law triggers the activity of an entire system whose essential functions are to appreciate guilt, to establish a certain punishment and to organise and follow its execution. The usage of an entire volume of material and symbolic resources is being justified by the idea of a double responsibility. This double responsibility is generated by the social network “cut” made by the action of crime committing: on one hand, the individuals mass who respect the conventions on whose grounds the society functions, and on the other hand, there is the category who denies these conventions giving priority to their own rules. The shift from the exemplary punishment as an instrument of keeping the wealth of the society to the existence of a certain social responsibility towards the criminal and his rehabilitation is one of the most important dimension of penal philosophy evolution. At the end of this process, the modern societies rate the importance of punishment as being equal to the importance of social responsibility in social reforming and reintegrating of the criminals. The social and law militants agree more and more on the fact that confinement (as a type of reaction that keeps a significant part of the spiritual origin of punishment) is neither the only nor the most adequate manner of social response towards crime. The place of confinement is being taken in a larger and larger degree by the alternative measurements.


Keywords: juridical norms, penal law, crime, punishment, confinement