Commentary of Criminal Sentence no. 534 of February 24, 2014 given by 4th District Court of Bucharest Cover Image
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Notă la sentinţa penală nr. 534 din 24 februarie 2014 pronunţată de Judecătoria Sectorului 4, Bucureşti
Commentary of Criminal Sentence no. 534 of February 24, 2014 given by 4th District Court of Bucharest

Author(s): Ioan-Paul Chiş
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: C.H. Beck Publishing House - Romania
Keywords: tempus regit actum; favourable law; res judicata;

Summary/Abstract: The Decision no. 534 of February 24, 2014 pronounced by the 4th District Court of Bucharest in a criminal case is objectionable, as the court applied the principle of the more favorable criminal law on the enforcement of imprisonment sentences. The court is also in violation of res judicata of formerly pronounced judgments applied to the same convicted person and the very same penalty. Acting in this way, the court digressed from its main purpose as a criminal law enforcement institution (i.e. from the enforcement penalties regime), as the convicted person was deprived of a proper rehabilitation period required to this end.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 124-132
  • Page Count: 9
  • Language: Romanian