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CNAA / Theses / 2010 / July /

Differentiation and individualization of the penalty of imprisonment, (deprivation of liberty)


Author: Osadcii Cornel
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2010
Scientific adviser: Gheorghe Gladchi
doctor habilitat, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 9 July, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document – 0.74 Mb / in romanian

Keywords

camera, sentenced, the regime of detention, prisoner, punishment by imprisonment, differentiation, individualization, classification, prison staff, prisoner, penitentiary, prison area

Summary

The work consists of introduction, three chapters, the general conclusions and recommendations, a bibliography of 195 sources, 167 pages of main text, applications. The results were published in 19 scientific papers.

Field studies. The work is devoted to scientific research from the standpoint of criminal law issues relating to executive differentiation and individualization of the penalty of deprivation of liberty. Aims and objectives of the thesis. The main aim is to develop and further development of theoretical propositions concerning the differentiation and individualization of the penalty of imprisonment, as well as to develop on this basis, proposals to change legislation, develop recommendations for improving organizational performance of prison staff in achieving the objectives of criminal punishment, designed to determine the penal policy in this area.

Objectives: To analyze the scientific literature related to the subject of a study to determine the extent and level of investigation of this issue, as well as the legal basis for differentiation and individualization of the penalty of imprisonment; interpretation of differentiation and individualization of punishment as the principles of the Penal Law definition of differentiation in the execution imprisonment, the definition of individualization of the penalty of imprisonment, the definition and significance of the classification of prisoners as the primary means of differentiation of execution of imprisonment, as well as analysis of the content and structure of the classification of prisoners, identifying deficiencies and gaps in the prison administration for the individualization of penal detention freedom, as well as analysis and synthesis of the various penitentiary institutions existing in the Republic of Moldova, the analysis of species and the classification criteria for persons sentenced to deprivation of liberty under internal legislation, the study of the practice of differentiation and individualization of the penalty of imprisonment, develop recommendations and proposals to improve the criminal-executive legislation and improve the legal and institutional foundations of the prison.

Scientific novelty of the results. The scientific novelty of this work is that it is a relatively complex monographic study on the basis of empirical data, this analysis of the problems of differentiation and individualization of the penalty of imprisonment at the present stage - the question still unexplored in the Republic.

The theoretical significance. From theoretical point dissertation is an examination of conflicting opinions and proposals contained in the literature, with special emphasis on problems of differentiation and individualization of the penalty of deprivation of liberty. Application of the work is due to its conceptual essence, because it is a contribution to the development of theoretical and practical aspects relating to issues of differentiation and individualization of the penalty of imprisonment, the introduction of the results is also important to train employees, and some proposals aimed at improving the legislation. Research materials can be used by the Department of Penitentiaries and its apart units in their efforts to differentiation and individualization of the penalty of deprivation of liberty.