PERICULOZITATEA INFRACTORULUI – CRITERIU GENERAL ȘI PRINCIPAL DE INDIVIDUALIZARE A PEDEPSEI ÎN CONCEPȚIA NOULUI COD PENAL ROMÂN

In this study the authors focus on the necessity of considering the criminal ks degree of social danger in the individualization of penalty, given that the same penalty, identical as type and amount, does not generate the same effects for all criminals on whom it is applied. Concurrently, the authors highlight and conduct an ample research of the elements de facto that are used for the assessment of a criminal ks degree of social danger. Therefore, in order to comprehend the criminal ks degree of social danger, the following should be assessed: health condition (predominantly the psycho-physical condition), the criminal ks biological structure and mental characteristics, the entire social environment, the criminal ks behavior before perpetration of the crime, the criminal and legal circumstances of the criminal (convict, recidivist, prosecuted for other felonies, rehabilitated, amnestied, pardoned etc.), behavior after perpetration of the crime and during the criminal lawsuit, the level of education, as well as age. The following personal circumstances of individualization should also be included: the criminal ks capacity (officer, army enlisted, magistrate, mother etc.), civil status (married, single, widowed etc.), the relationship with the victim (close relative, relative, cohabitant, spouse, friend, enemy etc.) and any other information that might contribute to the individualization of the criminal ks individuality (for instance, lifestyle, reputation, social merits etc.).