THEORETICAL AND PRACTICAL ASPECTS OF THE WAIVER OF PENALTY
THEORETICAL AND PRACTICAL ASPECTS OF THE WAIVER OF PENALTY

Summary/Abstract: The individualization of criminal sanctions is one of the most important and exclusive tasks of the court. In practice, this activity begins with an assessment of the social danger of the act and the offender, followed by the choice of the penalty applicable to the defendant, if there are alternative penalties, the actual determination of the penalty and the choice of the method of individualizing its enforcement, either by imposing it or by choosing one of the forms of determining and applying it without enforcement. In this context, we find the possibility offered by the legislator to the court to choose a sui-generis solution, which is neither conviction nor acquittal, namely either to waive the penalty or to defer the penalty. There are differences between the two modalities, in particular the fact that in the case of waiver the court does not even determine the sentence, while in the case of deferment of the sentence the court goes through this individualization stage, but chooses to defer its application. The legal doctrine has therefore considered where to classify the institution of deferment and whether the name chosen by the legislator reflects the essence of the measure. Is the waiver of punishment a genuine way of individualizing criminal penalties or a way of waiving criminal liability? Along with the answer to this question, the paper presents the conditions for granting the waiver of punishment and the correlation between theory and judicial practice, in the sense that we wanted to observe for which specific offenses the courts have chosen to apply the provisions of Art 80 of the Criminal Code and what were the reasons that led them to do so.

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