Recalculation of the punishment for the continued offence during trial

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Authors

  • Laurențiu-Marius Hetriuc Author

Abstract

According to Art. 37 of the Criminal Code, if the person subject to a final conviction for a continuing or complex offence is tried later and for other actions or omissions included in the same offence, considering the offence committed in its entirety, a proper punishment will be set which may not be lighter than the previous punishment. This legal text is applicable also in the trial stage, not only in the enforcement stage, stated in the provisions of Art. 585 para. (1) letter d of the Criminal Procedure Code. A contrary approach would mean that the provisions of Art. 37 of the Criminal Code are moot

Published

2024-01-25

Issue

No. 3 (2020): Revista Română de Jurisprudență

Section

Articole