ARTA DREPTULUI ÎN CONTEXTUL MODIFICĂRILOR SUCCESIVE ADUSE ÎN MATERIA DREPTULUI PENAL
THE ART OF LAW IN THE CONTEXT OF THE SUCCESSIVE AMENDMENTS IN CRIMINAL LAW

Summary/Abstract: Over a decade after the entry into force of Law no. 286/2009, the legislator has introduced numerous amendments to the Criminal Code, both in the General Part and by aggravating several offences found in the chapter dedicated to the protection afforded to individuals. Even though, not infrequently, such amendments have proven to be ill-advised—either through subsequent amendments by other legal provisions or through the repeal and rethinking of the respective incriminations—the legislator has sought to provide enhanced protection to injured parties as well as to vulnerable persons, the State bearing the obligation to prevent the commission of new antisocial acts that substantially affect the balance and proper functioning of social relations. This article will provide a concise analysis of the main recent amendments to the Criminal Code in the area of offences against the family, thereby highlighting the legislative transition in relation to which judicial practice has proven to be inconsistent. In addition, the article will address decisions of the High Court of Cassation and Justice delivered by means of Preliminary Rulings or Appeals in the Interest of the Law, which have had a significant impact on the dynamics of ongoing criminal proceedings.

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