Waiver of the punishment and prosecution
Waiver of the punishment and prosecution
Author(s): Alexandru Boroi, GHeorghiță TomaSubject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: waiver; punishment; criminal trial; prosecution;
Summary/Abstract: By means of the adoption and entry into force of the penal Code and criminal Procedure on 1 February 2014, the legislature sought to meet the requirements for the creation of a modern criminal liability framework.The waiver of punishment appears as an element of novelty, through which the court may sanction offences denoting a low degree of danger.The waiver of prosecution is the solution which may be ordered by the prosecutor when he considers that the defendant is not justified.The waiver of the punishment and the waiver of prosecution carry a number of common characteristics and several distinct traits that give rise to serious controversy over the framework in which these solutions can be arranged by Court and the prosecutor.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: VII/2019
- Issue No: VII
- Page Range: 229-237
- Page Count: 9
- Language: English