Aplicarea legii penale mai favorabile în cazul pedepselor definitive (i)
The enforcement of the more favourable criminal law in the case of final sentences (I)

Summary/Abstract: The principal of individualisation of penalty must govern both the activity of determining the sanctions and the activity of enforcing the law by the courts of justice, as well as the entire activity linked to the execution of sentences. In relation to these three stages, we can talk about the three types of individualisation of penalty: legal, judiciary and postcondamnatorie. The latter type enters into scene after a final conviction. Despite the fact that, traditionally it is known as administrative individualisation1 in order to outline the fact that it happens at the place of detention and on the grounds of the decisions made by the commissions on the execution of sentences, we believe that the notion of postcondamnatorie individualisation is more appropriate, because, firstly, there are several situations in which a new individualisation after a final sentence may occur, besides the administrative individualisation of the manner of execution of the imprisonment penalty, and even within the procedure of administrative individualisation of the execution of penalties, the decisions of the commission of the individualisation of the execution regime of imprisonment sentences are subject to the control of the delegated judge and the decision of the latter may be censored by the court of instance. Given the alteration brought during time to the criminal legislation, a problem of permanent interest linked to the postcondamnatorie individualisation of penalties is represented by the enforcement of the more favourable criminal law when a new law was issued, after a final conviction, if it states a penalty which is less severe for the crime for which the sentence was ruled.

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