Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures

As the relationship with the persons under private law empowered to manage the execution of the range of noncustodial measures and punishments in this sphere is currently outlined at the legislative level, the nuances that limit access to the profession are identified. This aspect harms in practice...

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Main Authors: Camelia Daciana Stoian, Cristian Maduta
Format: Article
Language:English
Published: ADJURIS – International Academic Publisher 2023-10-01
Series:Perspectives of Law and Public Administration
Subjects:
Online Access:https://www.adjuris.ro/revista/articole/An12v3/12.%20Stoian,%20Manduta%20EN.pdf
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author Camelia Daciana Stoian
Cristian Maduta
author_facet Camelia Daciana Stoian
Cristian Maduta
author_sort Camelia Daciana Stoian
collection DOAJ
description As the relationship with the persons under private law empowered to manage the execution of the range of noncustodial measures and punishments in this sphere is currently outlined at the legislative level, the nuances that limit access to the profession are identified. This aspect harms in practice both the person responsible for safety measurement and the judge who is delegated with the execution, the probation department and last but not least the professional mandated with the expertise regarding the state of health of the person in question. Since 2014, the Council of Europe's Report "A juvenile criminal justice adapted to children: from rhetoric to reality" has motivated the considerations regarding justice related to children, which mentions the need for minors in conflict with the law to have access above all to treatment and special staff. The proposed law restores the right to the vision required from the level of practitioners with reference to the recontouring of the provisions of article 20 of Law no. 253/2013 regarding the execution of punishments, educational measures and other non-custodial measures ordered by judicial bodies during the criminal process, in accordance with the goal of the regulation, namely to ensure the legal order by guaranteeing the balance that must exist between the protection of society and the reintegration in the community. At the same time, the terminations of the Ferenda law proposal will demonstrate the need for corroboration with normative acts that regulate the way of exercising the various liberal professions through units without legal personality necessary in terms of providing medical assistance at ambulatory level, both in the preventive and in the of recovery.
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spelling doaj.art-cb5c7812bafb4cdaac98beb8d6d220972024-02-17T16:14:49ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302023-10-01123420424Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures Camelia Daciana Stoian0Cristian Maduta 1"Aurel Vlaicu" University of Arad, Romania"Aurel Vlaicu" University of Arad, RomaniaAs the relationship with the persons under private law empowered to manage the execution of the range of noncustodial measures and punishments in this sphere is currently outlined at the legislative level, the nuances that limit access to the profession are identified. This aspect harms in practice both the person responsible for safety measurement and the judge who is delegated with the execution, the probation department and last but not least the professional mandated with the expertise regarding the state of health of the person in question. Since 2014, the Council of Europe's Report "A juvenile criminal justice adapted to children: from rhetoric to reality" has motivated the considerations regarding justice related to children, which mentions the need for minors in conflict with the law to have access above all to treatment and special staff. The proposed law restores the right to the vision required from the level of practitioners with reference to the recontouring of the provisions of article 20 of Law no. 253/2013 regarding the execution of punishments, educational measures and other non-custodial measures ordered by judicial bodies during the criminal process, in accordance with the goal of the regulation, namely to ensure the legal order by guaranteeing the balance that must exist between the protection of society and the reintegration in the community. At the same time, the terminations of the Ferenda law proposal will demonstrate the need for corroboration with normative acts that regulate the way of exercising the various liberal professions through units without legal personality necessary in terms of providing medical assistance at ambulatory level, both in the preventive and in the of recovery. https://www.adjuris.ro/revista/articole/An12v3/12.%20Stoian,%20Manduta%20EN.pdfpracticepublic service providerpublic practiceadministrative law
spellingShingle Camelia Daciana Stoian
Cristian Maduta
Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures
Perspectives of Law and Public Administration
practice
public service provider
public practice
administrative law
title Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures
title_full Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures
title_fullStr Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures
title_full_unstemmed Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures
title_short Interdisciplinary Collaborative Public Policies at Community Level in the Enforcement Process of Penalties and Non-custodial Measures
title_sort interdisciplinary collaborative public policies at community level in the enforcement process of penalties and non custodial measures
topic practice
public service provider
public practice
administrative law
url https://www.adjuris.ro/revista/articole/An12v3/12.%20Stoian,%20Manduta%20EN.pdf
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