Revoking the Suspension of Enforcement of the Prison Measure for Non - Payment of Civil Obligations

Abstract

According to art. 84 from the Criminal Code, revoking the suspension (liberation on parole) of the enforcement measure of prison may be imposed if the defendant – the convict does not willingly fulfill his/her civil obligations to which he/she was bound by the definitive sentence of condemnation. Given that the legislature is not very explicit regarding the above mentioned text and regarding the moment in time when it is necessary to establish if the breach of civil obligations occured, the judicial practice is conflicting as the legal text is interpreted differently nationwide. We appreciate the need for a case study regarding the applicability of this legal institution in practice, so through this article we will try to present various conflicting arguments enacted in practice.