Lovirea sau alte violențe. Analogia ca modalitate de stabilire a legii penale mai favorabile. Împăcarea. Nesoluţionarea acţiunii civile
Beating and other violence. Analogy as modality of establishing the more favourable criminal law. Reconciliation. Non-solving of the civil action
Author(s): Ivan GheorgheSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: analogy; offense; reconciliation; more favorable criminal law; hitting or other violence; not solving civil action;
Summary/Abstract: When establishing the more favorable criminal law, the first instance considered the way of judicial individualization of the execution of the punishment of the defendants, to the provisions of art. 16 par. (2) of the Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, with the subsequent amendments, which even though they do not refer to the conditional suspension of the execution of the punishment, but only to the one under surveillance, by extension, also speaks about it. In the appeal by the I.L. criminal proceedings against the defendant R.R. for committing the offense of offense or other violence provided in art. 180 par. (2) of the previous Criminal Code (since 1969). According to art. 180 par. (4) of the abovementioned code, correctly held by the court of law as the more favorable criminal law applicable in the case, reconciliation removes criminal liability in the case of offense of offense or other violence. However, in the public hearing on January 6, 2015, I.L. and the defendant R.R., present before the court, showed that they were reconciled. Under all circumstances, the civil action brought against the defendant R.R.
Journal: Revista Pro Lege
- Issue Year: 2018
- Issue No: 3
- Page Range: 292-297
- Page Count: 6
- Language: Romanian
