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3 AGORA Int'l J. Jurid. Sci. [1] (2009)

handle is hein.journals/agoraijjs3 and id is 1 raw text is: PENITENTIARY - PENAL AND EDUCATIONAL INSTITUTION
Candidate to Ph.D Cilin Ardelean
Ministry of Justice
Oradea Penitentiary
Abstract: The purpose of this paper is to highlight the penitentiary, the profile of
delinquents that have committed offences against society. The subject of this paper considers
persons deprived of liberty being in the custody of Romanian penitentiary.
Key words: law transgression, penitentiary, persons deprived of liberty, sanction,
punishment
In order to apply the sanctions decided by the law courts, the State most often turns to
imprisonment, considering that the deprivation of liberty will have not only recovering effects upon
the imprisoned person, but also security effects upon the other members of the society.
The sanction must first intimidate, so most of the members of the community, knowing its
consequences, may willingly comply with these rules, from the moment the penology rules come
into force.
The Romanian language Explanatory dictionary defines sanction as a punishment decided
by law for those who have infringed on its provisions. Punishment is a repression and constraint
measure against the one who has committed a divergence from the law.
The aim of the punishment is to caution against the perpetration of new infractions. The execution
of the punishment wishes to form a better attitude towards work, the right order and towards the
social cohabitation rules.
After the perpetration of an infraction, when the punishment is effectively applied, it fulfils a
complex of functions:
way to redress the transgressors and to prevent them from harming (morally or
physically, by temporary isolation or definitive elimination);
useful for the re-entry of the judicial order in relation with the victim and the social
group, while through the direct application of the punishment one will give satisfaction to the victim
and as well as to the community, avoiding the disorder that could arise, if the victim or the social
group react alone;
it consolidates the intimidation force that the sanctions should exert on the recipients
of the penology rules, while through its effective application the punishment becomes an example
for all those who would be tempted to commit antisocial acts .
The functions that tend to prevent the transgressor from repeating the wrong behaviour in
the future serve the special warning and the functions that intend to prevent the disturbance of the
judicial order by other persons than the transgressor serve the general warning.
The categories and the general limits of the punishments are indicated in the 3rd Title,
Punishments, of the Romanian Penal Code. Article 53 indicates three types of punishments: main,
complementary and accessory punishments.
The main punishments are:
a) confinement for life;
b) imprisonment from 15 days to 30 years;
c) fine from 100 lei to 50.000 lei.
The complementary punishments are:
a) forbiddance of some rights from one to 10 years;
b) military degradation.
The accessory punishment of forbiddance of some right consists of the forbiddance of some
of the following rights:

1 apud E. Stdni~or, 2003, p. 20

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