CAT/OP/ROU/1/Add.1
and the reintegration efforts, and to prepare a report which shall be notified to
the convicted person, under signature, after a period of 6 years and 6 months of
serving the sentence, in case of life imprisonment, and in the case in which one
fifth of the length of the imprisonment sentece has been executed.
Changing the imprisonment punishment regime to the regime immediately below
as severity degree may be ordered, taking into account the nature and manner of
committing the offence, if the convicted person:
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had a proper conduct, established by reference to the rewards granted and sanctions
applied and has not taken actions that indicate a negative constant in conduct;
has persisted in work or has been actively involved in the activities set out in the
Individualized Plan of assessment and educational and therapeutic intervention.
The change of the serving of sentence regime to a more severe one may be
ordered, at any time of executing the sentence, if the convicted person has
committed an offence or has received a disciplinary sanction for very serious
and serious disciplinary offences.
As far as minors are concerned, we mention that the competence to order, as a
priority, the application of educational measures involving non-deprivation of
liberty and only finally the ones involving deprivation of liberty was granted to the
courts, under the conditions of the Criminal Code. The educative measures
involving non-deprivation of liberty are: the stage of civic training, surveillance,
registration at the end of week and daily assisstance. The measures involving
deprivation of liberty applicable for this category are: confinement in an
educational centre and confinement in a detention centre.
The regime of execution of the educational measure of confinement in an
educational centre is common to all confined persons, being individualized from
the point of view of the recovery approaches designed for them, in order to meet
the physical and mental development needs.
The regimes of execution of the educational measures of confinement in a
detention centre are based on the progressive and regressive systems, the confined
persons going from one regime to another, under the terms provided by the Law.
The regimes of execution of the educational measure of confinement in a
detention centre are: closed regime and open regime.The establishing, the
individualization and the change of execution regime of the educational measure
of confinement in a detention centre are performed by the commission for
establishing, individualizing and changing the serving of sentence regime.
In conclusion, we point out that the minors serving an educational measure
involving deprivation of liberty are not placed in the maximum security regime,
as the constraints of such a serving regime are not applicable to this category
of persons in custody.
7. Disciplinary punishment
Para. 100 – The use of alternative mechanisms for solving the disputes between
the inmates
Steps regarding the alternative mechanisms for solving the disputes between
the inmates (other than the disciplinary sanctions) applied by the prison
administration, imply the inmates’ involvement in recuperatory interventions
such as: semi-structured group programs and activities, individual psychological
and social counselling, aimed at reducing the tensions among inmates that could
degenerate into conflicts. Moreover, at penitentiary system level, a package of
measures, applicable to all prisons, has been formalized as part of the Annual Plan
of the Strategy to reduce the aggressive behaviour.
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