Community Sanctions. 10 years of the new Criminal Code in Romania

• In Event: Sentencing 3. Alternative Sanctions

Abstract

The judicial individualization of the execution of the punishment represented one of the institutions fundamentally revised in the Code of 2014. In an attempt to provide legal mechanisms that would allow the court to choose the most appropriate form of criminal liability, the Code proposed a new regulation in this matter.
Two new institutions were regulated, namely the waiver of punishment and the postponement of the application of the punishment, and the institution of suspending the execution of the punishment under supervision was rethought. The institutions are thus designed in a progressive sequence determined by the seriousness of the crime committed, the dangerousness of the criminal, the degree of intervention to correct the convict and the consequences on him.
More than 10 years after the entry into force of these institutions, the courts have already become familiar with them, overcoming some initial syncope. The interventions with the power of law of the Supreme Court, through the mechanism of rulings in untangling some legal issues, as well as recent amendments of the law will be thoroughly analyzed.

Author

• Daniel Nitu, Babes-Bolyai University, Facultuy of Law