MIHAELA TOMITA 31Th March – 01St April, 2016 Timisoara
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THE FIFTH INTERNATIONAL CONFERENCE MULTIDISCIPLINARY PERSPECTIVESIN THE QUASI- COERCIVE TREATMENT OF OFFENDERS Probation as a field of study and research: From person to society Editor: Mihaela TOMITA 31th March – 01st April, 2016 Timisoara - Romania © Filodiritto Editore © Copyright 2016 Filodiritto Editore Via Castiglione 81 – 40124 Bologna www.filodirittoeditore.com ISBN 978-88-95922-68-3 The translation, total or partial adaptation, reproduction by any means (including films, microfilms, photocopies), as well as electronic storage, are reserved for all countries. Filodiritto (www.filodiritto.com) and Filodiritto Publisher (www.filodirittoeditore.com) are trademarks of inFOROmatica S.r.l. (www.inforomatica.it) INTERNATIONAL CONFERENCE SPECTO 2016 CHAIRMAN Professor Ioan DURNESCU - University of Bucharest, Faculty of Sociology and Social Work SCIENTIFIC COMMITTEE Professor Doru BUZDUCEA - University of Bucharest Professor Constantin DUVAC - “Andrei Rădulescu” Legal Research Inst. of Romanian Academy, Romania Professor Alin GAVRELIUC - West University Timisoara Professor Fergus McNEIL - University of Glasgow, UK Professor Viorel PAȘCA - West University Timisoara Professor Ovidiu PREDESCU - George Baritiu University, Brasov Professor Rob CANTON - De Montfort University, Leicester, UK Associate professor Florentina MUȚIU - West University Timisoara Associate professor Ciprian PANZARU - West University Timisoara Associate professor Mihaela TOMIȚĂ - West University Timisoara Senior Lecturer Gabriel MICU - National University for Political Sciences and Public Administration (Romania) Senior Lecturer Laura STĂNILĂ - West University Timisoara Senior Lecturer Beth WEAVER - Department of Social Work and Social Policy, University of Strathclyde, Glasgow Senior Researcher Joana RINCEANU - Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany 4 ORGANIZING COMMITTEE Associate professor Mihaela TOMIȚĂ – Head of the Organizing Committee Professor Cosmin GOIAN Associate professor Teodor Mircea ALEXIU Associate professor Florentina MUȚIU Associate professor Alexandru NEAGOE Associate professor Ciprian PANZARU Associate professor Alina ZAMOSTEANU Senior Lecturer Loreni BACIU Senior Lecturer Melinda DINCĂ Senior Lecturer Theofild LAZAR Senior Lecturer Gabriel MICU Senior Lecturer Laura STĂNILĂ Assistant Lecturer Andreea BÎRNEANU Assistant Lecturer Loredana TRANCĂ PhD researcher student Diana BIRIȘ PhD researcher student Iosif CSATLOS-DIMA PhD researcher student Adina SCWARTZ PhD researcher student Ioana TRUȘCĂ PhD researcher student Roxana UNGUREANU Information Technology Specialist Mihaela LOVAZSI 5 SPECIAL GUESTS Prof. Dr. Ulrich Sieber - Director at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany Dr. Willem van der Brugge - Secretary General of the Confederation of European Probation KEYNOTE SPEAKERS Rob CANTON - Professor of Community and Criminal Justice at De Montfort University, Leicester, England Ioan DURNESCU - Professor at the University of Bucharest, Faculty of Sociology and Social Work, Romania Fergus MCNEILL - Professor of Criminology and Social Work at the University of Glasgow, England Esther Montero Pérez de Tudela - Deputy Director of Huelva Penitentiary Center, Head of Treatment Area, Spain Viorel Pasca - Professor of penal law at West University of Timisoara, Faculty of Law, director of the Doctoral School of Law, Romania Zoran Pavlovic - Associate professor, Head of the Department for Criminal Law, Faculty of Law, University of Business Academy, Novi Sad, Serbia Johanna RINCEANU - Senior researcher, head of the Romania section at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany Mihaela Alida TOMIȚĂ - Associate professor at the Department of Social Work, Faculty of Sociology and Psychology from West University of Timisoara, Romania Beth WEAVER - Senior Lecturer in the Department of Social Work and Social Policy, University of Strathclyde, Glasgow, England 6 Index Foreword 11 Parental alienation as a risk factor for delinquency 13 AL GHAZI Loredana Juvenile delinquency in the Jiu Valley at the junction with the probation service and restorative justice 18 ANDRIONI Felicia, POPP Lavinia Elisabeta, PETRICĂ Ion Probation in Transition. Child on Probation 24 BĂLĂIȚĂ Ramona What do I choose when I have options? 29 BANCIU Dan Aurel, MOSTEANU Loredana Denisa Unconstitutionality of the new criminal and penitentiary laws 35 BARBU Silviu Gabriel, GOGA Alexandru Silviu Economic Crimes and Capital Markets 41 BARNA Flavia, NACHESCU Miruna Roma criminality: between tradition and modernity 45 BIRIȘ Diana Implementation measures of therapeutic justice, in order to enhance social reintegration of drug offenders 47 BOLÂNU Diana Beneficiary’s perspective about the quality improvement of integrated assistance services for drug users in Bucharest 52 BOLÂNU Diana, TOMIȚĂ Mihaela Resilient development in negative emotional climate and perception of legal authorities 57 BOSTAN Cristina Maria, HOJBOTĂ Ana Maria, GHEORGHIU ALEXANDRA, AIFTINCĂI Andreea Mădălina Costs and „benefits” of drug use and trafficking 62 BUCUR Silviu Probation and the Limits of Criminal Justice 67 CANTON Rob 7 The Protection of Public Interest – a Risky Business? 73 CIOPEC Flaviu The authoritarian single mother and the boy’s fascination with juvenile delinquency 78 CRUCEANU Roxana Diana Sociology of Human Rights: Emergent Perspectives for the Study of Prisoners’ Rights 83 DÂMBOEANU Cristina, PRICOPIE Valentina Developing therapeutic community networks for children and youth at risk – opportunities and obstacles 89 DARJAN Ioana The First Day After: Researching Trajectories and Discovering Biographies of the Ex-probationers 94 DOBRICĂ Petronel, BADEA Marian Towards a process theory of reentry 99 DURNESCU Ioan Videoing supervision: messages for probation practice 104 GOLDHILL Rachel From Person to Society – adaptation of the ecological model of Urie Bronfenbrenner in training integrity counsellors 110 ILIN Corina Trauma and Juvenile Delinquency – A Developmental Perspective 116 JURMA Anda Maria Roma Citizens and Labour Market Integration in Romania 121 LAZĂR Theofild, BACIU Loreni, DINCA Melinda, BREIMO JANNE Paulsen Considerations about the use of stabilometry for the psychological evaluation 126 MATEAS Marius, ARGESANU Veronica, MATEAS Iolanda, FARKAS Andrei European legislative measure regarding to nondiscrimination principle implementation, as basis foran appropriate exerting of the criminal regulation 132 MICU Gabriel, TOMIȚĂ Mihaela Non-discrimination – one of the main principles of exerting criminal procedure regulation 138 MICU Gabriel A Descriptive Analysis of Auto-aggressive Behavior Displayed by Inmates in Romanian Detention Facilities 143 MORAR Ioana, IOVU Mihai-Bogdan 8 Risk drug legalization in Romania - Opportunity or threat? 149 NICA Remus, BĂLĂUŢĂ Dănuţ, VLAICU Luiza Plea Bargain in Theory and Practice – example of Serbia 155 NOVAKOVIĆ Marko, VUČIĆ Mihajlo, RAPAIĆ Stevan The impact of the deferred sentence in the practice of the probation services 160 OANCEA Gabriel, MICLE Mihai Ioan The decriminalization of low gravity criminal offenses: an unconstitutionality impediment 166 PAȘCA Viorel House arrest – as an alternative sanction and the basis of efficiency of the penal system 171 PAVLOVIĆ S. Zoran Researching practice and practicing research in probation. Some reflections 178 POLEDNA Sorina Domestic violence - causative vector of necessity of implementing the intervention project in crisis situations 183 POPP Lavinia Elisabeta, ANDRIONI Felicia, PETRICĂ Ion Coping with freedom: The implementation of probation in Germany 190 RINCEANU Johanna Youth, Crime and Justice: is the New Code of Criminal Procedure Child-Friendly? 196 ROIBU Magdalena Prison perception before and after liberation 202 ROTARIU Lucian The Individualization of Criminal Law Sanctions of Deprivation of Liberty for Minors in the Romanian Criminal Law 208 RUSU Ion The Individualization of Non-Custodial Educational Measures in the Romanian Criminal Law 214 RUSU Minodora-Ioana The victim’s perspective in psychosocial assessment of the agressional behavior 221 SANDU Maria The Legal Consequences of the Criminal Behavior Reiteration in Case of Juveniles Who are Criminally Responsible 228 STANILA Laura Institutionalized children – a really special case 233 SZARKA Arpad, SZANTO Ildiko 9 Narrative perspectives in the field of probation 238 TODIRIȚĂ Constantin Resilience and the criminal justice system 243 TOMITA Mihaela Competences of Students in Social Work from the Perspective of Practical Work Supervisors in the Field of Delinquency 248 TRANCĂ Loredana Marcela The importance of resilience in the probation officers activity 254 TRUSCA Ioana, TOMITA Mihaela A pathway to resilience for juvenile delinquents 258 UNGUREANU Roxana, TOMITA Mihaela “Short Probation Experience of Turkey: Challenges and Lessons Learned” 264 YAVUZ Hakan A. 10 Foreword Probation as a field of study and research: From person to society It was an honor and a pleasure for me to chair this conference. It was an honor to be in front of so many esteemed scholars, senior officials and practitioners in the correctional field. It was a pleasure to take part in this conference because I think the questions raised from the title of this conference are very timely. If we look in the history of rehabilitation ideas we will note that indeed concerns around crime started from the individual and slowly moved towards society. In the