Reflections regarding the main punishment in the case of multiple crimes
Reflections regarding the main punishment in the case of multiple crimes

Summary/Abstract: The starting point for the present study is represented by the observation of some particularities of the criminal acts regarding the protection of computer data, computer programs and computer systems (and others as well), namely the long period throughout which they can be carried out and the indefinite number of targeted persons, which deter¬mine the establishment of the main punishment in the case of multiple crimes according to the regulations in force to generate some less anticipated effects that exceed (we consider) the logic of the legislator when the legal text which regulates the analyzed issue is formulated.Although the jurisprudence of the Constitutional Court of Romania was constant, considering the provisions of art. 39 of the 2009 Criminal Code as being constitutional, in relation to the criticism formulated in the constitutional exceptions which were raised, it would be possible (even desirable, we consider) for the constitutional court to change its jurisprudence in the future, just as it did in the case of art. 35 paragraph (1) from the same regulation, reevaluating the impact of these provisions through the perspective of the criticism formulated in the doctrine and the situations which appeared in legal practice.

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