European Integration - Realities and Perspectives. Proceedings 2015
Judicial Individualization of Punishment in Special Situations.
Judge's Role in these Cases
Abstract: Punishment cannot fully implement its mission and cannot achieve its purpose unless it is perfectly
molded to concrete individual case. To this end, the penalty should be appropriate to the degree of social
danger of the crime and its perpetrator, and, equally, to be given by taking in consideration the real needs for
straightening and rehabilitation of the perpetrator. The multitude situation encountered in practice, doubled by
cultural and economic realities found in a never ending ch ange, led to the introduction of additional
provisions in the Criminal Code in order to achieve the best judicial in dividualization of punishment in some
special situations. These additional provisions are designed to ensure the possibility to adapt the sanctioning
treatment in a suitable manner to each offender brought to answer before the law. Therefore, only by
promoting the principle real punishments imposed to real criminals will lead to an act of justice healthy,
appropriate and equitable, based on promoting the key values of societ y among offenders and, equally, on
protecting these values against criminal inclusions. This study aims both students and practitioners or
academics and highlights on one hand, the legislative solutions of the new Criminal Code and on the other
hand, the differences between the old and the new Criminal Code.
Keywords: criminal sanction; adaptation; personalization; efficiency; reeducation
In its proper meaning, to individualize means to highlight specific features of a person of a fact, of a
situation etc. (Romanian Academy, 2009). From a legal perspective, the term of individualization
expresses strictly the punishment adaptation in relation to individuality, personality of each offender
(Daneș & Papadopol, 1985)
The individualization of criminal sanctions is one of the fundamental principles of criminal law who
exercise its power both in the elaboration phase of criminal law provisions and in the application phase
but also in the execution phase of punishment. This operation is achieved through three forms of
individualization: legal, judicial and administrative. Legal individualization – the adaptation work
made by the legislator -, and administrative – conducted by administrative authorities by adapting the
execution of punishments regime - are forms without whom the operation of individualization of
criminal sanctions does not make sense.
1 Master Student, Danubius University of Galati, Faculty of Law, Romania, Address: 3 Galati Blvd, 800654 Galati, Romania,
Tel.: +40372361102, Fax: +40372361290, Corresponding author: firstname.lastname@example.org.