CODUL PENAL – 10 ANI DE LA INTRAREA ÎN VIGOARE: CONTROVERSE TEORETICE ȘI PRACTICE

Abstract

The Criminal Code and the Criminal Procedure Code have been in force for more than ten years, bringing a series of substantial changes to the entire criminal law system. In a recent study, we showed that the principles and vision on which they were based have been lost along the way, as recent years have been marked by a real avalanche of changes that increasingly distance themselves from the legislator’s initial vision. This scientific approach aims to analyze some of these changes, considering that the multitude does not allow for analysis to be carried out only during one study. We aim to observe and emphasize whether the amending normative acts of the last two years correspond to the requirement of normative coherence, the symmetry of some regulations, as well as the ability to ensure the predictable nature of the act of justice and respect for the margin of appreciation of judges. This concerns the reconfiguration of some normative types, the criminalization of new acts, but also the sanctioning regime that tends to return to the period prior to the entry into force of the Criminal Code. The legislative amendments in question also raise the issue of criminal repression, as an exclusive attribute of criminal policy, in the sense of the legal nature, the type of criminal sanction and its scope and which should be determined and limited, considering the fundamental rights of the person as an essential element of the act of justice in any democratic society.