Individualizarea judiciară a individualizării pedepselor - consecinţa intrării în vigoare a noului Cod penal
Judiciary individualization of punishments – the consequences of the New Criminal Code entering into force

Summary/Abstract: The judiciary individualization is the logical and legal operation done by a court of law of establishing punishments by taking into consideration certain elements provisioned by the law, such as the degree of social danger of the crime and of the perpetrator, in order to apply punishments and dispose their execution, thus enacting the penal policy of the Romanian State of preventing and combating criminality. Within this definition we can distinguish three operations that the court undergoes in the process of judiciary individualization: establishing punishments, applying them and disposing their execution. Under the current Criminal Code there are only two distinguishable phases of individualization: the judiciary individualization of punishments (in a narrow sense), through which the court establishes punishments by taking into consideration the criteria provisioned by the law, as well as mitigating or aggravating circumstances, if applicable, and the judiciary individualization of the execution of punishments, though which the court determines the manner in which the execution of the established punishments is to happen. The New Criminal Code innovates in this matter through the regulation of the institution of delaying the application of punishments and the institution of renouncing the application of punishments. Through delaying the application of a punishment, the court actually delays the conviction, thus setting a term of surveillance during which the offender is to fulfill certain obligations and respect certain surveillance measures. Furthermore, if the crime is of a reduced seriousness and the other conditions provisioned by the law are fulfilled, the court can renounce applying a punishment to the offender, thus applying only a warning. Considering that the legal nature of the suspension under surveillance remains that of a means of judiciary individualization of the execution of punishments, the legal nature of delaying and renouncing the application of a punishment is that of a means of judiciary individualization of the application of punishments. The abovementioned legal nature is reflected in the process of judiciary individualization of punishments, and as a consequence, under the new regulation, we will distinguish three phases of individualization: the judiciary individualization of the establishment of punishments, the judiciary individualization of the application of punishments as well as the judiciary individualization of the execution of punishments. It is observable that in this manner each of the three operations is incident only within a single phase of individualization.

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