Amânarea aplicării pedepsei – o alternativă la condamnare. Suspendarea condiționată a executării pedepsei – o alternativă la executarea unei pedepse
Stay in enforcing the penalty – an alternative to conviction. Conditional suspension in executing the penalty – an alternative to the execution of a penalty

Summary/Abstract: It is true that both institutions, that of the conditional suspension of the execution of punishment, regulated by the previous Criminal Code (of 1969) and of the stay in enforcing the penalty, regulated by the new Criminal Code, have as immediate effect the actual non-execution of the punishment by the defendant, but one cannot say that the new institution is a takeover of the old one, because there is an essential difference between them, namely: while the first is an alternative to the execution of a penalty, subsequent to a conviction decision, the second one is also an alternative, but to conviction, as results from the provisions of art. 396 par. (1) and (4) of the new Code of criminal procedure, which deals with the solution of stay in enforcing the penalty in other manner than the conviction.

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