7. Despre compatibilitatea pedepsei complementare a interzicerii exercitării unor drepturi cu detențiunea pe viață în noul Cod pen
7. About the compatibility between complementary punishment prohibiting the exercise of certain rights and life imprisonment in the new criminal Code

Summary/Abstract: Although the question of compatibility between complementary punishment prohibiting the exercise of certain rights and life imprisonment was settled within the judicial practice appeared during the former criminal Code, the author intents to carry out such an analysis in terms of the provisions of the new criminal Code, in order to see if the solution is maintained. Thus, analysis of the provisons regarding accesory punishment may conclude that, at least at a conceptual level, the legislator intended to detach from the idea of the compatibility referred to above. However, a brief analysis of the provisions on application of the complementary punishment prohibiting the exercise of certain rights may satisfy an objective observer that the courts are bound to apply this punishment in case of life imprisonment when the text of incrimination expressly provides. In this regard, the author wishes within the present study to use both arguments of opportunity and legal texts regarding the application of the complementary punishment to support his view.

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