CONSIDERAȚII CU PRIVIRE LA POSIBILITATEA DE A SE DISPUNE REVOCAREA SUSPENDĂRII SUB SUPRAVEGHERE ÎN CAZUL ÎN CARE S-A DISPUS ÎNLOCUIREA PEDEPSEI AMENZII PENALE CU ÎNCHISOAREA

The new Criminal Code has substantially modified the modalities of judicial individualization of punishments applied to defendants, also bringing novelty elements regarding the calculation of the fine, the possibility of its cumulative application with the sentence of imprisonment, when the offence committed was intended to obtain a patrimonial benefit, or the possibility of replacing it with community service work.
By this study, I intend, through a careful analysis of both the case law of the European Court of Human Rights and the doctrine, regarding Article 7 of the Convention, as well as of the principle of legality in general, to argue the impossibility of the judge to order the revocation of the suspension under supervision of the sentence in case that a penalty with the fine, applied to the same person, was replaced by the sentence of imprisonment.