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CNAA / Theses / 2008 / May /

Probation and social reintegration of criminals: criminological and penal-executive law’s problems


Author: Alexandru Spoială
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:2008
Scientific adviser: Vasile Florea
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution:
Scientific council:

Status

The thesis was presented on the 24 May, 2008
Approved by NCAA on the 18 September, 2008

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Thesis

CZU 343.575

Adobe PDF document 1.48 Mb / in romanian
174 pages

Keywords

Penal politic, penal punishment, alternative to imprisonment, community sanction, probation, social reintegration, reconciliation, supervision, release from criminal responsibility, conditional release from criminal punishment prior to term, release from criminal punishment of juveniles, postponement of criminal punishment, conditioned sentencing, conditioned suspension of the punishment execution, compulsory measures of an educational nature, compulsory measures of a medical nature for alcoholics and drug addicts, duty in the frame of probation, electronic monitoring, probation service, community involvement, relapse’s prevention by probation

Summary

The dissertation work includes the description and the comment on the basic materials published on the investigated theme in the national and foreign literature and also devoted to juridical and criminological characteristic of probation’s assignment and realization.

Dissertational research is based on rather broad audience of references and given to the judicial practice, combining, thus, the theory with law activity. Alongside with the national legislation, the author has covered the research and criminal-law institutions of other countries that testify to package approach to a problematic of probation.

In dissertation are investigated in integrity the theoretical, methodological and legal bases of probation. Is defined notion of probation; analyzed and came true the systems’ elements of probation; examined the place and interaction between probation and other criminal sanctions and the ability to prevent relapse; classified and analyzed the basic models of this sanction; analyzed the basic international acts concerned to this problem. Dissertational research opens the nature, contents and evolution of such institutes as community involvement in probation, the tools for relapse’s foreseeing and the probation’s role in the prevention of recidivism.

During the process of scientific and practical tasks solution there had been widely used the data of official criminal statistics and generalized processing of them. It has allowed to reveal a number of lucks and features of application’s process of probation in Republic Moldova.

Scientific development of this dissertation can be applied in legislative process, and also as the manual in educational process of legal institutes of higher education on problems of probation.