The Renunciation to Apply the Punishment in the New Criminal Code

AuthorIon Rusu
PositionSenior Lecturer, PhD, Danubius University of Galati, Faculty of Law, Romania
Representing an absolute
institution of renouncing to applying
of implementing and changing the l
lege ferenda
, the wor k can be usefu
with the entry into force of the New
text analysis and the critical remarks
offenses; perpetrator; ren
1. Introduction
In the second half of the XVIII
penalties and stressing on the need f
not to torture or to hit a sensitive hum
other than to prevent the offender to
from committing similar acts.” (Becc
Continuing his analysis, the author
method to be implemented, which k
durable upon the souls of men and le
Being released during the deve
influenced by the Enlightenment ide
We note that the author, criticizin
cruelty insists on the adoption of n
commit further crimes and preventiv
Unlike previous historical periods,
defined as
a legal sanction, specific t
With the evolution of society as a w
it is defined as “the sanction of crim
provided by law for committing an o
committing new crimes”. (Bulai & B
Senior Lecturer, PhD, Danubius University
Romania. Tel.: +40372 361 102, f
ax: +40372
Legal Sciences in the New
he Renunciation to Apply the
in the New Criminal Code
Ion Rusu
te novelty in the Romanian legislation wit hin the paper it was exa
ing the penalty in the context of the provisions of the New Crimi
e law. We are als
o presenting some critical comments and sugg
eful both f or academic theorists and practitioners and also f or the
ew Criminal Code. The innovations presented in thi s stud
y regard
renunciation; warning
entury Cesare Beccaria in a reference work, criticizing
d for “mild punishment” claimed that “the purpose of
human being, nor to abolish a committed crime
(...). Th
to bring to his countrymen further infringements and t
eccaria, 1764, p. 40)
hor quoted that “it must choose therefo
re those pen
h keeping the proportion will make an impression as
less painful on the body of the guilty one”. (Beccaria,
ment of the Italian Enlightenment, the author's main w
ideas of that time.
zing the punishments characterized by excessive an
ew, milder sanctions, their purpose being to prevent t
tively for the rest of the community members.
ds, in the modern era, a synthetic definition, the pu
ic to the criminal law. (Dongoroz 1939, p. 582)
whole, the penalty has adopted modern connotations,
iminal law which consists of a measure of restra
int and
n offense and it is applied by court to the offender in o
Bulai, 2007, p. 291)
ity of Galati,
Faculty of Law, Romania,
Address: 3 Galati Blvd, 80
372 361 290
. Corresponding author:
New Millennium
xamined the
iminal Code,
ggestions of
the legislator
ard the legal
ing the cruelty of
of punishment is
The goal is none
d to divert others
enalties and the
as strong and as
ia, 1764, p. 40)
n work is heavily
and unnecessary
nt the offender to
punishment was
ns, and nowadays
and rehabilitation
order to prevent
, 800654 Galati,

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