Cumulation of punishments - fine and imprisonment - provided by art. 84 of Law no. 59/1934 on checks Cover Image

Cumulul de pedeapsa, amendă şi închisoare, prevăzut de art. 84 din Legea nr. 59/1934 asupra cecului
Cumulation of punishments - fine and imprisonment - provided by art. 84 of Law no. 59/1934 on checks

Author(s): Daniela Briţa
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic

Summary/Abstract: The Law no. 59/1934 on checks provides a cumulative regime of punishment - fine and imprisonment. However, the fine provided by the above-mentioned Law is not a criminal fine included in the Criminal Code in force, but a correctional fine which reflects the punishment system that existed in 1934. According to art. 1 of the Criminal Code promulgated on the 1st of May 1865, the crime which is sanctioned by correctional imprisonment, interdiction of some political, civil or family rights plus a fine of min. 26 lei is called misdemeanor. Art. III of the Decree no. 544/1953 abrogated those provisions of the Criminal Code and other laws that provide correctional fine, if such punishment is cumulated with imprisonment. As a consequence of this decree, the crime provided by the law on checks receives an unique sanction regime and the punishment applicable is imprisonment from 6 months to 1 year, and the cumulative or alternative regime of punishment disappears.

  • Issue Year: 2012
  • Issue No: 3
  • Page Range: 11-15
  • Page Count: 5
  • Language: Romanian