Procedura de liberare de răspundere penală cu atragere la răspundere contravenţională
Procedure for exemption from criminal liability with imposition of contraventional liability

Summary/Abstract: The procedure for releasing from criminal liability with holding to contravention liability is at the intersection of two branches of law, namely criminal law and contravention law, and norms from both branches of law are applied to it. Criminal law includes the provisions that establish the grounds and conditions for release from criminal liability, and contravention law includes the categories of sanctions applied. Also, the respective procedure clearly denotes the connection that exists between these two branches of law when for committing a crime the person is held liable for a misdemeanor, by the essence of the prejudicial act. Or, the connection between crime and misdemeanor is obvious, the difference being between the degree of social danger and the consequences that occur when one or the other is committed. Decriminalization and offering certain individuals the opportunity to avoid criminal punishment represents a guarantee, in addition, that the deviant behavior they have had and which does not present an increased degree of social danger has been made aware of and understood, and the person’s correction is possible without being subjected to criminal punishment. The misdemeanor sanction is lighter and does not have such categorical legal consequences on the person as in the case of criminal punishment (deprivation of liberty, criminal record, cancellation of certain rights, etc.). Even if it is not a general legislative decriminalization, by moving the illicit act from the criminal sphere to the minor offence, this is an individual procedure, linked to the personality of the perpetrator (personalized) and the act committed, which must meet certain conditions. The role and impact of this procedure on the criminal phenomenon in order to reduce it has been discussed for a long time, but in order to be able to make an objective and equidistant assessment, we must understand the very essence of this mechanism, but also the shortcomings that are encountered when applying this procedure.

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