Some Common Issues and the Application of more Favorable Criminal Law for Crimes against the Person according to the New Criminal Code

• Author: Ion Rusu
• Position: Associate Professor, PhD, 'George Bacovia' University of Bacau, Romania
• Pages: 39-47

JURIDICA

41

Some Common Issues and the Application

of more Favorable Criminal Law for

Crimes against the Person according to the

New Criminal Code

Ion RUSU

1

Abstract: The paper examines the main common issues of crimes against the person, and some o ther

situations of more favorable criminal law enforcement. The innovations consist in the conducted

examination and the views expressed on some situations in which the more favorable criminal law

should be applied. The main change with a strong preventive feature is to introduce the two

institutions, namely, the renunciation of applying the pu nishment and postponing the punishment,

which generally is given a favoring regime to physical or legal entities being at their first conflict with

the law or in the case of committing crimes whose degree of seriou sness is reduced. The paper

continues other papers published in the field, and it can be useful both to academics and practitioners

in the domain of preventing and combating crime of this kind.

Keywords: objective side; the subjective side; criminal ways; sanctions

1. Introductory Considerations

The way in which the legislator intended to regulate the offenses that are part of

Title I of the Criminal Code, Special Part, differs fundamentally from the existing

rules in the Criminal Code of 1969, regarding the systematization of material, the

marginal titles of some rules of incrimination and provided sanctions.

As it will be noted, the fundamental difference between the two laws consist in the

fact that the vision of the new Criminal Code, the offenses against the person, are

part of Title I, unlike the previous criminal law (Criminal Code of 1969), where

those crimes were covered by Title II , after the offenses against state security.

1

Associate Professor, PhD, “George Bacovia” University of Bac au, Romania, Address: 157 Calea

Marasesti, 600164, Bacau, Romania, Tel.: +4034116448, Fax: +4034116448. Corresponding author:

av.ionrusu@yahoo.com.

AUDJ, vol. 11, no. 3/2015, pp. 41-49