Amânarea aplicãrii pedepsei în dreptul penal român
Deferment of Penalty in Romanian Criminal Law

Summary/Abstract: The entry into force of the new Romanian Criminal Code (2009) marks a transition to a new era of doctrinal and jurisprudential controversies that tend to perfect our system of criminal law. A brief foray into the criminal justice policy’s tendencies implemented in Act no. 286/2009 on Criminal Code, allows us to observe the desire to repeal some texts of the former Criminal Code imbued with communist concepts. The new Criminal Code reflects a policy shifted towards European legal perspectives. Illustrative in this respect is the institution of deferment of penalty, which is without precedence in the positive law of Romania. It presents itself in terms of legislation that reforms the system of judiciary individualization of punishment that we all knew. The author meticulously examines this new legislation regarding deferment of penalty and all its application conditions. Deferment of penalty is not to be confused with suspended sentence, which, according to the former Criminal Code, could not work without the effect of another institution, i.e. rehabilitation. A deferred penalty operates independently of other institutions of criminal law and constitutes a new means of individualization of punishment which the legislator makes available to the courts for a better sanctioning of a person guilty of an offense.

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