OPINIE CRITICÃ REFERITOARE LA APLICAREA PEDEPSEI PRINCIPALE ÎN CAZUL CONCURSULUI DE INFRACȚIUNI ÎN PREVEDERILE NOULUI COD PENAL

Although it maintains the legal fusion system for sanctioning multiple offences, the new Criminal Code sets forth the obligation to apply a fixed increase to the hardest punishment, representing the third part of the total punishments inflicted for simultaneous offences. The author states that the provision of the amount of the increase of punishment in the content of the law does not allow the court to judge, as the case may be, depending on the number and on the grossness of the simultaneous offences and on the particulars of the defendant, the need and especially, the amount of the punishment increase. In order to avoid certain legal exaggerations which could result from the establishment and the application of the punishment increase, according to the new regulations for the observance of the principle of lawfulness of criminal sanctions and in order not to give the court the opportunity to apply the sentence of life imprisonment when it is not set forth for any simultaneous offence, the legal amendment of the provisions of art. 39 of the new Criminal Code, is required.