The real social threat and the causes for reducing the punishment, according to the changes brought by the law no. 202/2010, Small reform in justice

Author:Andrei Zarafiu
Position:Assistant, Ph.D., Faculty of Law, University of Bucharest
Pages:98-106
98 Lex ET Scientia. Juridical Series
LESIJ NR. XVIII, VOL. 2/2011
THE REAL SOCIAL THREAT AND THE CAUSES FOR REDUCING
THE PUNISHMENT, ACCORDING TO THE CHANGES BROUGHT BY
THE LAW NO. 202/2010, SMALL REFORM IN JUSTICE
Andrei ZARAFIU
Abstract
The new substantial changes, though minor as concerns the content, if we relate to the
intervention caused by the same legislative act in the procedure field, have generated serious
difficulties in the interpretation and application in the legal criminal activity. This article aims at
analysing and identifying the legal consequences caused at the level of the substantial norm for
applying the mentioned legislative act. At the same time, the article offers efficient legal remedies
for overcoming the procedure impediments generated by adopting the Law of Small Reform in
Justice. The article has three parts, analysing the changes brought by the Criminal Law by the
Law No. 202/2010 in different fields: art. 181 – the deed that is not a real social threat of a crime,
art. 741 and art. 184 – accidental wounding.
Keywords: criminal law, real social threat, parties’ reconciliation, grounds for reducing the
punishment.
Introduction
As the Law No. 202/2010 itself, the article has a plural-disciplinary form, discussing aspects
connected to adopting the Law of Small Reform in Justice, in the substantial, as well as in the
procedure field.
Beyond the critical analysis, the article proposes efficient legal remedies, under the form of
concrete, punctual and fundamental solutions, for the negative procedure consequences caused by
applying this legislative act.
The work analyses, first of all, the way in which the legislator sets a legal preference for the
material or legal criteria that have to be taken into account for determining concretely th e degree
of social threat of a crime, in the detriment of the personal criteria.
Secondly, one has to take into account the institution stipulated by art. 741, that can be
characterised with difficulty, as it contains elements that belong to the content of different legal
categories, as a form for individualising the punishment with sui generis or hybrid character, made
up of three distinct causes.
At the same time, there are analysed the changes brought to the way in which the criminal
action can be ceased for all forms of the crimes of accidental wounding.
By offering proper procedure remedies, the work has the value of a guide destined first of all
to the practitioners, but it can also be a source of inspiration for the legislator, as well, in case of
future changes.
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Assistant, Ph.D., Faculty of Law, University of Bucharest (e-amil: andrei.zarafiu@drept.unibuc.ro).

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