Some remarks on the criminal law enforcement after the entering into force of the new Criminal Code Cover Image
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Aspecte privind aplicarea în timp a legii penale în condiþiile intrãrii în vigoare a Noului Cod penal
Some remarks on the criminal law enforcement after the entering into force of the new Criminal Code

Author(s): Florin Streteanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: enforcement of the criminal law new Romanian Criminal Code; temporal application of the law; plurality of offences; unity of offences; misdemeanors; mitigating and aggravating circumstances; and execution of penalties.

Summary/Abstract: The present study represents an adapted and revised form of a material written by the author at the request of the Romanian Ministry of Justice. The original version of the study can be found open source on the Ministry’s website. The analysis focuses on the enforcement of the criminal law once the new Romanian Criminal Code will enter into force – most probably on February the 1st, 2014. The study is divided in three large sections. The first one deals with the fundamental modification brought by the new Code in the field of the temporal application of the law, with a particular focus on the decriminalization law and the more lenient law. The next section is analyzing particular applications of the more lenient law in the case where from, perpetration of the offence to the final judgment of the cause one or more criminal laws have emerged. Special attention is given to institutions like: plurality of offences, unity of offences, misdemeanors, mitigating and aggravating circumstances, and execution of penalties, crimes committed by juvenile delinquents, safety measures, statute of limitations, and reconciliation of parties, rehabilitation and criminal responsibility of legal entities. The last part deals with almost the same institution only that this time the more lenient law comes into force after a final conviction has been pronounced in a given case.

  • Issue Year: IX/2013
  • Issue No: 03
  • Page Range: 12-48
  • Page Count: 38
  • Language: Romanian