This article identifies how electronic monitoring is defined and used in relation to the
idea of reintegrating the convicted person into society. In the Romanian
context, the perspective using electronic monitoring has not yet generated
debates and evaluations at the academic or policy-maker levels.
The originality of this research lays in the elaboration of a project for the
implementation of an electronic monitoring system in the Romanian criminal
justice system in relation to the “good practice models” identified in the
European context. We assign a central role to the economic, social and political
consequences which (re)define the legal framework of the execution of
custodial sentences.
The research presents the measures and strategies that the Ministry of Justice
should follow in order to implement its 2018-2024 Calendar for dealing with
overcrowding and detention conditions.
The general objective is to analyze the various constitutional models that can serve as a
pattern for revising the Constitution on amnesty and pardon. In our analysis, we
refer to two main dimensions: full respect for the rights of convicted persons,
namely the imposition of a mechanism to prevent the arbitrary use of
constitutional prerogatives to grant amnesty and pardon, which would thus
affect the functioning of the rule of law.
The second objective of the research is to develop an optimal framework for
reforming the institutions of amnesty and pardon, starting from “good practice
models” identified in the European space. We are proposing to bring into
discussion a mechanism to prevent institutional missteps resulting from the
personal use of the prerogatives for the provision of amnesty and pardon.
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