INDIVIDUALIZATION OF PUNISHMENT IN CASE OF MINOR TRAFFICKING OFFENSE. INCIDENCE OF JUDICIAL ERROR Cover Image

INDIVIDUALIZAREA PEDEPSEI ÎN CAZUL INFRACȚIUNII DE TRAFIC DE MINORI. INCIDENȚA ERORII JUDICIARE
INDIVIDUALIZATION OF PUNISHMENT IN CASE OF MINOR TRAFFICKING OFFENSE. INCIDENCE OF JUDICIAL ERROR

Author(s): Delia Mihaela Marinescu
Subject(s): Criminal Law, Criminology, Penology
Published by: EDITURA ,,ACADEMICA BRÂNCUȘI”
Keywords: trafficking in minors; crime; miscarriage of justice; punishment; individualization;

Summary/Abstract: The right to liberty and dignity of vulnerable persons are fundamental components of human rights, which, by their importance, imply strict regulatory protection. The commission of the crime of trafficking in minors causes multiple problems in the jurisprudence, including from the perspective of the individualization of the sentence, which leads to the need to establish concrete criteria for the dosage of the sentence, which must be respected in order to respect the rights of the defendant and guarantee the right to a fair trial. In the work of the courts, it is essential to apply the legal provisions and adapt the legal criteria to the situation before the court, including to avoid the incidence of a judicial error, which could seriously affect the rights, freedoms and interests of the defendant.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 23-36
  • Page Count: 14
  • Language: English, Romanian