INCONSECVENŢE ŞI IMPRECIZII ÎN DEFINIREA ŞI APLICAREA LEGII PENALE MAI FAVORABILE

The more favorable criminal law principle was not implemented in a unitary manner in time. Doctrine-related conceptions were different, substantiating either the idea that only a law as a whole may be favorable, or the idea that favorable provisions of distinct laws may apply to a concrete case. The author defends the supremacy of more favorable criminal law over all the criminal law principles and believes that a more favorable rule may be corroborated with another rule regarding the content of the crime, without generating the lex tertia. The author also states that the more favorable criminal law principle should govern all the sequences of the criminal lawsuit, initiated upon the perpetration of a crime and extinguished by the perpetrator’s total rehabilitation.