ANALIZĂ ASUPRA NOILOR DISPOZIȚII PRIVIND RETROACTIVITATEA LEGII DE DEZINCRIMINARE ÎN NOUL COD PENAL
ANALYSIS OF THE NEW DISPOSITIONS REGARDING THE RETROACTIVITY OF THE LAW DECRIMINALIZYING THE NEW PENAL CODE

Summary/Abstract: Arguing we also extend retroactivity of criminal law and the penalties executed entirely favorable, literature envisages that there may be situations where, even after the complete execution of punishments involved certain prohibitions, incapacity or disqualification arising from conviction executed against the law criminal decriminalization or one that affects only the amount or type of sanction can not remain indifferent, and with effect from that which he was sentenced under the old law. Reasoning thus solving the preference and priority to interests was convicted neglecting other principles of the rule of law and an effective criminal policy perhaps more important for the security of legal proceedings and the social order. Thus, excessive expansion retroactivity of criminal law and the criminal judgments pending final execution and on convictions fully executed violate, among other things, the constitutional principle of separation of powers and that of the inviolability and of res judicata.

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