GRAVITATEA INFRACŢIUNII SÃVÂRŞITE – CRITERIU GENERAL ŞI PRINCIPAL DE INDIVIDUALIZARE A PEDEPSEI ÎN CONCEPŢIA NOULUI COD PENAL ROMÂN

In this study, the author stresses the need to take into account the gravity of the crime committed for punishment individualization, as the gravity of the crime and the punishment are connected by an inseparable nexum, both in the abstract formulation of criminal norm – not being able to imagine the description of a deed in a norm without punishment or vice versa – and in social consciousness, always linking the punishment to the gravity to the crime, in a relationship of cause and effect. However, the author reveals and performs an extensive research of the elements actually serving in the assessment of the gravity of the crime. Thus, in order to know the gravity of the crime committed, one must assess the specific nature and particularities of the specific legal object, the character and importance of the physical or intangible object injured or endangered by committing the crime, the way the action or inaction which constitutes the material element of the offense was performed, the nature and gravity of its consequences, the way the causality report was described, the shape and degree of culpability, the motive and purpose and the circumstances of the crime.