INTERDICŢIA INSTITUITĂ DE ART. 3 DIN CONVENŢIA PENTRU APĂRAREA DREPTURILOR OMULUI ŞI A LIBERTĂŢILOR FUNDAMENTALE, RAPORTAT LA PEDEPSELE PRINCIPALE APLICABILE PERSOANEI FIZICE ŞI LA FAZA DE INVESTIGAŢIE PENTRU PREGĂTIREA PROCESULUI PENAL

The main punishments, life imprisonment, imprisonment and criminal fine penalty, are provided by art. 53 Criminal Code and are coercive and reeducational measures applicable to the individual person who committed an act punishable by the criminal law in order to prevent the commission of future crimes. The concept of criminal sanction, automatically evokes the idea of punishment, punishment of those responsible for an act of unlawfulness, but the punishment must be fair, correct, both in terms of restoring the lawful order to ensure the re-education of the convict. No one would dare to deny that punishment, by its very nature, must also constitute suffering, because punishment presupposes, first of all, the retribution of the committed deed, acting as a preventive measure, as a means of deterring the commission of future crimes. Ensuring human conditions for the execution of the punishment, respect for the inviolable rights of the person, even in the situation in which it is detained, and the application of the principle of humanizing punishment, are mandatory requirements for the social rehabilitation and reintegration of the offender, considering the fact that the rehabilitation can not exist without a punishment inspired by the feeling of humanity. Societies based on the rule of law do not tolerate, or approve, either directly, indirectly or otherwise, the application of a treatment absolutely prohibited by art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Court of Human Rights stated consistently that art. 3 enshrines an absolute right, which does not suffer any derogation Analyzing this article, we note that it is imperative to adopt a more personalized sanction system, in which the interest in social reintegration and rehabilitation of the convict should prevail. The idea of rehabilitation can not and should not become an unrealized utopia, and for this, where it is possible to avoid contact with the prison world, especially in those cases where this contact may lead the subject to a more serious situation than the original one.