Individualizarea judiciară a pedepsei. Note de jurisprudenţă
The judicial individualization of the punishment. Case-law notes

Summary/Abstract: In the process of deliberating, the first step is to identify the procedural solution in a concrete criminal case. If the act is an offence and if the person who has committed it is criminally responsible, the solution is, as a rule, the conviction. After having stopped over a conviction, the court deliberates over its consequence: the punishment, that follows necessarily and inevitably the conviction. Regarding the punishment, the court determines its nature and duration or amount and then determines whether an actual execution is appropriate or whether, on the contrary, a suspension of the execution is appropriate. Therefore, the establishment and the enforcement of the punishment are, in the deliberating process, steps that follow the conviction. So can be expressed the place of the punishment and its individualization in the judicial process of deliberation. This study aims to provide a few examples of interpretation of the relevant provisions concerning the punishment’s judicial individualization.

• Details
• Contents