The enforcement of the fine punishment according to the stipulations of the New Code of Criminal Procedure Cover Image

Punerea în executare a pedepsei amenzii potrivit prevederilor Noului Cod de procedură penală
The enforcement of the fine punishment according to the stipulations of the New Code of Criminal Procedure

Author(s): Anca-Lelia Lorincz
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: New Criminal Code; New Code of Criminal Procedure; criminal fine; punishment; replacing punishment

Summary/Abstract: The new criminal and procedural legislation that entered into force on the first of February, 2014 has brought substantial modifications to criminal law institutions, including matters regarding the enforcement of the criminal judgments. The provisions governing the enforcement of the criminal fine are also under the scope of these modifications. Regarding the enforcement of the criminal judgments (as the last phase of the criminal trial), the recent modifications brought by the New Code of Criminal Procedure are correlated with the modifications brought in criminal matters by the New Criminal Code. The legislator aimed, on one side, to introduce in the New Code of Criminal Procedure some stipulations that are corresponding with the new institutions regulated by the New Criminal Code (for example, the complementary punishment of displaying or publishing the decision of conviction, the postponement of enforcing the punishment, the replacement of the fine punishment with performing unpaid work for the benefit of the community), and on the other side, the removal of the institutions that do not have a correspondent in the New Criminal Code (for example, the stipulations regarding the execution of the punishment at the work place, or those regarding the replacement of the criminal liability). Regarding the enforcement of the fine punishment, we can observe that, on the one hand, the stipulations of the Criminal Procedure Code are being supplemented with the provisions of the Law nr. 253/2013, and on the other hand, corresponding with the introduction in the New Criminal Code of the stipulations regarding the execution of fine punishment, by performing unpaid work for the benefit of the community, was necessary also to regulate the procedure of replacing this punishment, procedure that is regulated in detail in the New Code of Criminal Procedure. In conclusion, although perfectible, the New Code of Criminal Procedure and the normative acts that are adjacent to it bring the long waited reform, which was necessary in order to synchronize our criminal-procedural legislation with the European standards, in a coherent system.

  • Issue Year: III/2014
  • Issue No: 1
  • Page Range: 195-216
  • Page Count: 22
  • Language: English