A Socio-Legal Approach of Probation in Light of the New Penal Code. Restorative Justice Versus Retributive Justice

Abstract

Present article offers a theoretical analysis regarding probation services provided in Romania. In this respect are reminded the main forms of justice, as they exist around Europe, and then implemented and adapted to Romanian specific. Also there are underlined the major international regulations and laws related to the social-legal approach of probation. The most part of the article is dedicated to a deep analyse of the New Penal Code with regards especially to probation services. Also there mentioned the specifics and philosophy of each form of justice and there are given several examples of how them are implemented in the Romanian practice. New Penal Code along with probation laws and the enforcement of non-custodial sentences are part of a reform of probation in Romania that exceeded experimental phase as a significant institution whose role in the execution of non-custodial measures and the individualization of punishment, being at this stage legally contoured.

Keywords: Probation, restorative justice, retributive justice, New Penal Code, offender, victim, mediation

JEL Classification: I29