INSTITUŢIA REABILITĂRII ÎN LEGISLAŢIA ŞI PRACTICA JUDICIARĂ A ULTIMELOR 5 DECENII
Institution of Rehabilitation in The Legislation and Jurisprudence of The Last Five Decades

Author(s): Sorin - Alexandru Vernea
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: ope legis rehabilitation; judicial rehabilitation; mitior le; most favorable law;
Summary/Abstract: In this paper, the author briefly analyses the legal provisions regarding rehabilitation as a criminal law institution both in the Romanian Criminal Code of 1968 and in the Romanian Criminal Code of 2009, identifying the way in which the evolution of judicial practice under the old legislation simplified the actual regulation.The article is structured in four parts. The first aims at defining and identifying the purpose of criminal rehabilitation starting from legal literature written both according to the old and the actual legislation. The second and third part analyze the conditions of ope legis rehabilitation and judicial rehabilitation in both legislations, pointing out the differences and the relevant practice for each form.The last part, acting as a conclusion, reunites the authors considerations regarding the evolution of the regulation in the last five decades and the determination of the most favorable law between the provisions analyzed.

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