Imposibilitatea aplicării pedepselor complementare şi accesorii în cazul amânării aplicării pedepsei

DEZBATERI

Rezumat

To the extent that the court makes the application of the provisions of Art. 83 and following. C. pen., it establishes a punishment and postpones the application of this punishment, which, as stated by the High Court of Cassation and Justice by decision no. 17/A of 19 January 2015, is incompatible with the pronouncement of a sentencing solution.

The complementary penalty of the prohibition of the exercise of certain rights may be imposed if the main penalty laid down is imprisonment or a fine and the court finds that, in relation to the nature and gravity of the offence, the circumstances of the case and the person of the offender, this penalty is necessary. According to art. 68 para. 1 C. pen., the execution of the penalty prohibiting the exercise of certain rights begins to run at the times indicated in letters a) to c) of that article.

Nowhere in this last text of the law is reference made to the institution of deferral of the application of the sentence, in the sense that the execution of the penalty prohibiting the exercise of certain rights should start from the final date of the decision establishing a punishment against a person, for which the postponement of the application of the sentence was ordered.

From this point of view, it is not possible to apply provisions of several criminal institutions of a different nature, with different legal regimes, conceived as such by the legislature in the exercise of its right to legislate, as is the case with the postponement of the application of the penalty and of the complementary and accessory penalties.

Cuvinte-cheie: amânarea aplicării pedepsei, condamnare, pedepse complementare, pedepse accesorii