Analiză pornind de la criteriul necesității și cel al eficienței asupra augmentării limitelor de pedeapsă
Analysis upon the necessity and efficiency of augmenting the limits of the penal punishments

Case study: the legislative proposal that concerns the modification of article 387 of the Penal Code

Summary/Abstract: We stand in agreement that those that infringe the penal law, as well as the social relations that are guarded by these norms ought to be punished. Without effort we come to this realization, but the debate begins once we start to discuss the manner in which the law punishes, the individualization of the punishment and in our times the legislator seems to pay particular focus upon the imprisonment punishment. The legislator shows interest in the modification of the legal provisions that cover the imprisonment punishment in its entirety, in the context in which the provisions of article 39 of the Penal code have known a process of attenuation coupled with the measure of compensatory recourse brought about by Law no. 169/2017. We notice a discrepancy between this behaviour and the legislative proposal that desires to augment the punishment provisioned by article 387 in the Penal Code for the electoral infraction. We shall engage into scientific and practical debate upon the legislative proposal that desires to modify article 387 from Law no. 286/2009 regarding the Penal Code.

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