NECESITATEA RECUNOAȘTERII PRIORITĂȚII REGLEMENTĂRILOR INTERNAȚIONALE FAȚĂ DE CELE INTERNE, ÎN MATERIA DREPTURILOR OMULUI, ÎN CAZUL CONCURSULUI DE INFRACȚIUNI, PREVĂZUT DE ART. 10 DIN LEGEA NR. 187/2012 PRIVIND PUNEREA ÎN APLICARE A CODULUI PENAL

According to Article 41 (1) of the Criminal Code, if the offender convicted by a final judgment is subsequently tried for a concurrent offence, the previously established punishment, under the conditions of concurrence of offences, shall be separated, the increase shall be removed and it shall be merged with the newly applied punishment, adding a new increase.
In compliance with Article 10 of the Law No 187/2012, when at least one of the offences in the structure of plurality has been committed under the new law, the sanctioning treatment of plurality shall be applied according to the new law, even if for the other offences the punishment was established according to the former, more favourable law. This legal provision comes in conflict with the principle of non-retroactivity of the criminal law.