Circumstanţele agravante în reglementarea din noul Cod penal
Aggravating circumstances in the new Criminal Code

Summary/Abstract: The fundamental change in the Romanian criminal law, by the enactment and the entry into force of the new Criminal Code, offers a good opportunity not only to analyze the newly introduced criminal law institutions but also to review some classical institutions of criminal law that have undergone some significant changes. In this latter category, the present study seeks to highlight the novelty aspects that define the aggravating circumstances in the new regulation, by addressing several significant issues, such as: the application of the mitior lex principle in this area of criminal law, the analysis of the article 77 of the Criminal Code, defining the elements of aggravating circumstances, and, finally, analyzing the effects that they generate under the new criminal legislation. The study, although mentioning the defining elements of the old regulations which have been maintained by the new Criminal Code, was intended to be focused on the issues of novelty brought by the Criminal Code and on the differences which exist from the old regulation, attempting to offer viable solutions to the problems that can be foreseen, both in the interpretation and in the application of the new criminal provisions.

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