CONSIDERAȚII PE MARGINEA UNOR DISPOZIȚII DIN PARTEA SPECIALĂ A CODULUI PENAL

At this moment, the question of the application of the more favorable criminal law, as compared to the previous Criminal Code, of the existence of the transitional situations, of the comparative analysis of the criminalization norms of the current Criminal Code and of the provisions of the previous Criminal Code is less and less raised, but not all decisions pronounced by the High Court of Cassation and Justice in appeal in the interest of the law before 1 February 2014 have lost their applicability, as the opinions expressed in the specialised literature, regarding the different criminalization norms, in their evolution over time, are still of interest, both from a theoretical and a practical point of view. Although it entered into force relatively recently, the Criminal Code has undergone a series of changes, in its content, especially in the special part, either by criminalizing new acts, or by increasing the special punishment limits, or by introducing new aggravated variants of the already existing crimes. Considering the multitude of normative acts by which the provisions of the special part were amended and supplemented, we consider it necessary to analyze the way of drafting the various norms, having as a reference point also the various opinions from the recent specialized literature, with regard thereto.