Considerations Regarding the Calculation of the Rehabilitation Period in Light of the Precepts of the Principle of the More Favorable Criminal Law
Considerations Regarding the Calculation of the Rehabilitation Period in Light of the Precepts of the Principle of the More Favorable Criminal Law

Summary/Abstract: This article aims to clarify the issues that may arise when assessing the length of the rehabilitation period in order to determine whether or not the person on trial is in a state of post-execution recidivism. The issue analyzed in this article lies in the limits of application of the more favorable criminal law in pending cases, in situations where the more favorable criminal law regarding the duration of the rehabilitation period for the defendant's prior record is the new criminal law, and the more favorable criminal law regarding the special limits of punishment is the old criminal law, under which the offense was committed, which prohibits de plano the creation of a third criminal law. This article proposes several arguments in support of finding a solution to these situations in accordance with the binding case law on the matter issued by the Constitutional Court of Romania on the establishment of the more favorable criminal law for transitional situations.

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