The Renunciation to Apply the Punishment in the New Criminal Code

AuthorIon Rusu
PositionSenior Lecturer, PhD, Danubius University of Galati, Faculty of Law, Romania
Pages51-56
The
Punishm
Abstract:
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
Keywords:
offenses; perpetrator; ren
1. Introduction
In the second half of the XVIII
th
cen
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
ew
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
1
Senior Lecturer, PhD, Danubius University
Romania. Tel.: +40372 361 102, f
ax: +40372
Legal Sciences in the New
he Renunciation to Apply the
hment
in the New Criminal Code
Ion Rusu
1
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
rks.
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: ionrusu@univ-danubius.ro.
New Millennium
51
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,

To continue reading

Request your trial