Actual onsets in the enforcement of the delinquents

Abstract

The increasing interest of the authorities for the efficient rehabilitation of the delinquents is also reflected in the diversification of the alternatives to the punishment of imprisonment. According to most of the penal researchers, the punishment has several functions: penitence, intimidation and readapting. The basic characteristic of the punishment display four basic principles: legality, equality, individualization and the moralizing role of the punishment. Unlike the retributive justice which sees the crime as a violation of the state by breach of the rules and where the punishment is administered within a real competition between the offender, on the one hand, and the state, on the other hand, the restorative justice is a philosophy which includes a range of human feelings among which the need to cure, compassion, forgiveness and pity. It involves mediation, reconciliation and, when really necessary, sanctions. Regarding the systems of detention, there is consensus among the penitentiary experts as well a historic experience which shows that the system of progressive freedom seems the best treatment for the inmates, being consecrated by all the penitentiary legislations of the European states.