Consideraţii cu privire la proporţionalitatea sancţiunilor penale. Limitele controlului Curţii Constituţionale. Cazul contrabandei în formă agravată
Considerations on the proportionality of criminal sanctions. The limits of the Constitutional Court's control. The case of smuggling in aggravated form

Summary/Abstract: They talk about, in the modern criminal law, more and more frequently on the liberal model, on the reduction of criminal repression from the point of view of the sanctioning regime. As well, the criminal enforcement law refers more and more to alternative methods to the punishment of prison, to the weekend execution or home execution of punishments. The criminal law in force since 2014 has taken over a part of the concepts of this thinking current and considerably reduced the punishments for a series of offences, most of them against the patrimony. We believe that they have not gone all the way, some laws mentioning still punishments related to the times when aggravated theft was punished the same way a murder was. We shall criticize, in this study, the passivity of the lawgiver from the point of view of the failure to remedy punishments we consider extremely drastic, provided for by the Customs Code from 2006. We shall try afterwards to underline that such punishment limits can be object of a constitutionality examination, finalizing by bringing to mind a series of Decisions of the Constitutional Court which touched the problematic of the proportionality of criminal repression, of the need of punishments, of the criminal policy of the state and of adapting the law to social reality.

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