18. Condamnare. Existenţa şi a unei condamnări anterioare la pedeapsa închisorii cu suspendare sub supraveghere. Greşită aplicare a normelor tranzitorii prevăzute de art. 15 alin. (2) din Legea nr. 187/2012
18. Condemnation. The existence of a previous condemnation to the suspended custodial sentence under supervision. A wrong enforcement of the transitory rules provided by art. 15 paragraph (2) of the Law no. 187/2012

Summary/Abstract: In relation to the commission date of the offence, within the penalty test time, as well as to the fact that the institution of the conditional suspension of the execution of a sentence is found in the new Criminal Code, as well, art. 91 and the following, the transitory rules regulated by art. 15 paragraph (2) of Law no. 187/2012 shall not be applicable in this case. According to the invoked text of law, the regime of conditional suspension of the execution of a sentence, including from the point of view of its revocation or cancellation, shall be that provided by the Criminal Code of 1969, the respective rule being needed since the institution of the conditional suspension of the execution of a sentence is not provided anymore in the new Criminal Code. A transitory rule was wrongly enforced regarding another institution than that of the conditional suspension, and the revocation of its advantage has to be made according to art. 96 paragraph (4) of the New Criminal Code, and subsequently, according to paragraph (5) of the same text of law, it was required that the main penalty for the new offence be determined in compliance with the provisions related to repeated commission, namely according to art. 43 paragraph (1) of the New Criminal Code.

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