Concursul de infracțiuni. Condamnare potrivit legii vechi și condamnare potrivit legii noi – situație neacoperită de către Decizia nr. 265/2014 a Curții Constituționale a României. Urma papilară – probă indirectă
Multiple offenses. Conviction according to the old law and conviction according to the new law – situation not covered by the Decision no. 265/2014 of the Constitutional Court of Romania. Papillary trace – indirect evidence

Summary/Abstract: Where a penalty has been established in accordance with the new Criminal Code and a concurrence was found between the offense judged in the present case and another offense for which the defendant was definitively convicted under the previous Criminal Code, situation not covered by the Decision no. 265/2014 of the Constitutional Court of Romania, it is necessary that the defendant be convicted to the penalty regime for concurrence of offenses which is, in fact, more favorable to him. If the penalty regime for concurrence of offenses of the old law applied (which, although it did not provide for the compulsory enforcement of a merger increment, does not limit this increment to one third of the total penalties not being executed, but only to the total), and as the defendant is a person who has shown a particular criminal perseverance and in the same kind of offense, a higher than one-third of the non-executed penalty should have been enforced; therefore, in such a case, the penalty regime for the concurrence of offenses in the new Criminal Code is more favorable to the defendant. Finding the papillary trace in question on the outer window sill of the building from where the goods were stolen is not likely to induce any doubt as to the defendant committing the offense, especially since the study of the photo composition attached to the criminal investigation case file shows that it was created when the defendant left the premises of the building, being located on the outer edge of the window sill and showing the trace of the palm on which the defendant leaned so he could jump out.

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