Amânarea aplicãrii pedepsei în noul Cod penal
The Adjournment in Contemplation of Dismissal in the New Penal Code
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: adjournment in contemplation of dismissal; conditional suspension of sentence; obligations; measures; terms; revocation; annulment; calculation method; effect.
Summary/Abstract: The article tackles different issues surrounding the “adjournment in contemplation of dismissal”, an institution introduced by the new penal Code, which is meant to replace the conditional suspension of sentence, provided by the current penal legislation. In the first part of the article the author peruses the conditions which need to be verified in order to apply this institution, by disjoining them into two separate categories, namely, conditions related to the felon and conditions related to the felony. After scrutinizing all the basic issues surrounding this subject, the article sets forth a series of solutions to questionable matters regarding the possibility of applying the institution at hand, in different hypothetical situations. Both during and subsequent to this examination, the writer doesn’t miss the opportunity to provide a short glimpse of some analogous European legal provisions, doctrinal views and case-law regarding the matter at hand. At this stage, the pros, cons and possible interpretation quandaries are exposed. Moving on, the author treats the exceptional cases in which the application of a certain penalty could be adjourned, unconstrained by the above-mentioned conditions. After this, the paper engages and treats a series of aspects regarding the term during which the felon is observed after the adjournment, the measures he needs to respect and the obligations that encumber him. During the second part of this paper, the revocation and the annulment of the analyzed institution enter the spotlight. After patiently analyzing every circumstance in which these situations may occur, the author even proposes a different approach to the methods used to calculate the quantum of the resulting penalty, an approach which he strongly feels is more equitable than the one imposed by the new penal Code. The article ends by presenting the general effects of this institution and an opinion on whether it is or it is not favourable to the felon in comparison with the existing institution regarding the conditional suspension of sentence.
- Issue Year: IX/2013
- Issue No: 02
- Page Range: 88-116
- Page Count: 30
- Language: Romanian