Renunţarea la aplicarea pedepsei. Alternativă la executarea pedepsei
THE RENOUNCEMENT TO APPLY THE PENALTY. ALTERNATIVE TO THE EXECUTION OF THE PENALTY

Summary/Abstract: The renouncement to apply the penalty is a new body in the Romanian criminal law. This is a measure of penal policy, which is based on the trust given to the defendant that he/she is going to straighten without a penalty. As a judicial nature, the renouncement to apply the penalty is a way of individualizing the penalty, being based on the defendant’s committing of a guilty offence which is centred on the law. The legislator has given the conditions under which the delay of the penalty can be applied. The conditions are referred to the offence, showing a low degree of danger, as well as to the personality of the defendant, showing a low degree of danger.When showing the law degree of danger of the offence, it is taken into account its nature and the extent of the produced damages, the means used, the way and the circumstances under which it has been committed, the followed goal and reason. Related to the determination of the danger of the defendant, it must be taken into account its behaviour before committing the offence, of his/her effort to remove or to diminish the consequences of the offence, as well as his/her possibilities to straighten, finally appreciating the fact that applying a penalty would be inadequate because of the consequences it would have over his/her personality. In the case in which it is decided the renouncement to apply the penalty, though the court applies the defendant a warning. The warning means telling the reason why it has been led to the renouncement to apply the penalty and warning the defendant about his/her future behaviour and about the consequences he/she is going to face if he/she is going to commit another offence. The person towards which it was decided the renouncement is not the subject of any kind of decay, interdiction or incapacity, which could be issued by the committed offence, but applying this method of individualizing has no effect over the safety measures and over the civil obligations within the decision.

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