Sistemul de sancţiuni şi măsuri comunitare în România. Analiză asupra orientării politicii penale

The study presents an analysis of the community sanctions and measures implemented in Romania, as well as of those following to be implemented in the near future, from the perspective of the functions they promote. Most scholars refer to four traditional justifications of the punishment — just deserts, general deterrence, incapacitation and rehabilitation - although in practice no punishment follows a single function of the four mentioned above. In most of the cases the functions coexist in different ratios, the legislator and practitioners being those who give the orientation of the policy and practice depending on how they put the focus on one of the functions. The hypothesis of the present analysis is that we can determine the orientation of the state criminal policy in the field of community sanctions and measures by establishing the ratio of different functions in the punishments regulated by the law. Also, we use the international regulations as reference points for the national criminal policy in this field, which many times bring elements of novelty to the national practice, but also impose certain standardizations of the criminal policy. Our country's regulations in the field of community sanctions and measures make no exception, having to line up with this normative framework, the study offering the necessary analysis with the view of identifying an answer in this respect.