Graţierea în reglementarea noului Cod penal
The Pardon under the new Criminal Code

Summary/Abstract: The author submits the regulation of the institution of the pardon to the attention of the author within this present study, as it is regulated under the New Criminal code, recently entered into force on the 1st of February 2014. Following the presentation of some aspects regarding the form and systematization of the subject which constitutes an element of novelty under the current Criminal code, the author analyses the legal nature of the pardon, as well as the main subspecies that the institution develops. Thus, the collective pardon granted through law passed by the Parliament is analysed distinctly, as the author examines its basis and way of functioning. Additionally, the individual pardon granted through decree by the President is revealed and the main distinctive elements between the individual pardon and the common (collective) pardon are identified. Furthermore, the incidence of the pardon (with a distinction between its forms) is closely analysed with relation to other criminal law institutions – such as the suspension under the supervision of the execution of the punishment or of the educational measure, applicable to minors who have criminal responsibility and who commit crimes. The study succinctly presents the modifications brought to Law no. 546/2002 regarding pardon and the procedure of pardon by Law no. 187/2012 for the implementation of the Criminal code. Finally, the author shows that he has tried to capture a few aspects about the legal physiognomy of the pardon under the regulation of the New Criminal code which has undeniably sprung from the correlation of tradition with innovation.

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