CONSIDERAȚII REFERITOARE LA INDIVIDUALIZAREA PEDEPSELOR

The system of penalties, although it marked a progress in the evolution of the Romanian penal law, however, if it is critically examined, it evidences the small number of major penalties and, especially, their emphatically repressive character. In this study, the author makes an analysis by comparison of the system of penal sanctions in the new Penal Code as compared to the current regulation, as well as in comparative law. Another issue relates to the impact of normative provisions on the judiciary individualization of penalties with reference to the individualization criteria and the appreciation margin acknowledged to the judge. The author also states that it is useful that the relevant penal regulations should provide the criterion of proportionality for the judiciary individualization of penalties.